2020 PLP 1750 (MLD)

RAJA SHAHID MEHMOOD ABBASI, J.

Through this petition under section 497, Cr.P.C. the petitioner Abid, 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 landed 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 evinces from record that the case in hand revolves around a dacoity occurrence during which one Muhammad Hannan received injuries at the hands of the assailants. During the occurrence the accused persons also looted total amount of Rs.5,35,000/-. As per tale of occurrence mentioned in the first information report, the burden of committing the crime in question was pointed towards three unknown assailants, who were already apprehended in the case and were transported to jail on judicial remand. Even the accused/petitioner was also not nominated in the FIR and the veil was lifted about the involvement of the petitioner in the commission of crime when he was apprehended by the police being suspected accused and was sent to jail for the purposes of identification parade but even during said proceedings it was found that he has not entered the premises and remained on watch and he has not caused any injury to any prosecution witness. During investigation a sum of Rs.20,000/- and a pistol has allegedly been recovered from the petitioner, which hardly connects the petitioner with the crime alleged against him as recovery of currency is of general pattern as it is not clear whether these were the same currency notes which were taken away by the accused during the occurrence, hence evidentiary value of the same can only be adjudged by the trial court after recording of evidence of the parties at trial. Reliance in this respect is placed on the case of Irslan Zohaib v. The State (2016 SCMR 1217).

5. So far as under section 411, P.P.C. is concerned, 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.

6. Consequently, this petition is allowed and the petitioner Abid 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-43/L Bail granted.