2017 PLP 125 (YLRN)

ABDUL SAMI KHAN, J.

Through this petition under section 497, Cr.P.C., the petitioner Arslan alias Shani has sought bail alter arrest in case FIR No. 234/2015 dated 17.06.2015 under sections 394, 337-G, 337-F(v), 427, 324, 337-L(2), 337-A(i), 337-F(i), P.P.C. Police Station Saddar District Jhang.

2. The arguments advanced by the learned counsel for the parties have been heard and the record of this case has also been perused with their able assistance, This is bail after arrest and only tentative assessment is allowed at this stage. It has been noticed by this Court that there is a delay of one day in the registration of FIR which has not been explained by the complainant, which prima facie reflects that the FIR has been got registered after due deliberation and consultation. After perusing the record of this case it has been noticed that the petitioner is not named in the FIR and his name has been introduced by the informer on 06.01.2015 after the delay of 20 days. It is significant to point out here that initially the FIR was lodged under sections 324, 337-G, 427, 337-F(i), 337-A(i), 337-L(2), P.P.C. and later on section 394, P.P.C. was added to the same on the supplementary statement of the complainant. It is important to mention here that the complainant has not leveled any allegation of robbery in the FIR. During spot inspection, neither any crime empty was recovered from the spot nor did the Investigation Officer mention any sign of fire at the vehicle. This fact has created doubt in the prosecution story to the extent of section 394, P.P.C. and possibility cannot be ruled out of consideration that the complainant has tried to introduce factum of robbery just to give heinous touch to the occurrence. It is settled law that benefit of doubt if any can be given to an accused even at bail stage. Co-accused namely Mukaram Shah of this case has already been allowed bail after arrest by learned Additional Sessions Judge, Jhang vide order dated 29.08.2016. Admittedly the petitioner is previous non-convict, never involved in any other criminal case, he is behind the bars since 23.07.2015 without any fruitful progress in his trial, investigation qua the petitioner is complete and he is no more required for the purpose of further investigation), challan has been submitted, an accused cannot be kept in jail for an indefinite period as a measure of advance punishment, therefore, no useful purpose would be served by keeping him under incarceration for an indefinite period. 4.(sic) For what has been discussed above, the case of petitioner becomes one of further inquiry covered by subsec-tion (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bonds in the sum of Rs.2,00,000/- (Rupees two hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned Trial Court.

5. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only. WA/A-87/L Petition allowed.