2020 PLP 2222 (YLR)

RAJA SHAHID MAHMOOD ABBASI, J.

Through this petition under section 497, Cr.P.C. the petitioner Allah Waris, seeks post-arrest bail in case FIR No. 194 dated 17.05.2018 under section 394/337-A(i)/337-F(iii)/ 337-F(v)/411, P.P.C., registered at Police Station Saddar Mamon Kanjan District Faisalabad.

2. Brief facts of the case are that the complainant Muhammad Usman got lodged the instant crime report with the allegation that on 15.05.2018 at 07:15 pm when he along with others was present in his agency and counting the cash, three unknown accused committed robbery with them and snatched cash from the hands of Kamran. When Muhammad Hanan resisted the accused fired upon him which land on his shoulder. In this occurrence the unknown accused looted total amount of Rs.5,35,000/- and fled away.

3. Heard. Record perused.

4. This is petition for post-arrest bail and only tentative assessment is to be made and deeper appreciation or evaluation of evidence at bail stage is neither desirable nor permissible. It divulges from record that according to the complainant Muhammad Usman three unknown perpetrators have committed the dacoity in his shop, injured Hannan P.W. and also looted an amount Rs.5,35,000/-. Record further reveals that as the complainant has booked three unknown accused who were subsequently arrested as Tariq, Saleem and Abid and they were sent to jail. Subsequently, the petitioner, who was not nominated in the FIR, was apprehended for the first time on 27.09.2018 on the disclosure of said co-accused. Though according to record he was identified by the prosecution witnesses but learned counsel for the petitioner has placed on record attested copy of pre-arrest bail filed by the petitioner on 01.06.2018 in the Court of learned Additional Sessions Judge Tandlianwala District Faisalabad, which was dismissed on 10.07.2018 i.e. much prior to the identification proceedings dated 27.09.2018. In this way his exposure to the complainant party cannot be ruled out. In view of the above, identification of the petitioner after the arrest of three accused in the case can only be adjudged by the trial court after recording of evidence of the parties at trial. It is also noted that during investigation allegedly an amount of Rs.1,00,000/- and a pistol has been recovered from the petitioner on 17.10.2018, which hardly connects the petitioner with the crime alleged against him as recovery of currency is of general pattern and evidentiary value of the same would be determined by the learned trial Court after recording evidence. Reliance in this respect is placed on the case of Irslan Zohaib v. The State (2016 SCMR 1217). Record further reveals that though the petitioner was arrested in this case on 27.09.2018 and since then he is behind the bars but till today despite issuance of bailable warrants the prosecution witnesses have not appeared before the learned trial court. It is also noted that subsequently offence under section 411, P.P.C. was also added in the case but it is not disputed that the said offence does not fall within the prohibitory clause of section 497, Cr.P.C. and in such like cases bail is a rule and refusal is an exception as laid down by the Hon'ble Supreme Court in the case of Tariq Bashir v. The State (PLD 1995 SC 34). Due to above mentioned reasons, the case of the petitioner is one of further inquiry as completed in section 497(2), Cr.P.C. The petitioner is behind the bars since his arrest and investigation to his extent has already been completed. He is no more required for further investigation.

5. Consequently, this petition is allowed and the petitioner Allah Waris is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.2,00,000/- (rupees two lac) with one surety in the like amount to the satisfaction of the trial court. SA/A-44/L Bail granted.