2006 PLP 2392 (YLR)

M. BILAL KHAN, J.

Bashir Masih son of Bagh Masih, the petitioner seeks post-arrest bail in case F.I.R. No.251 of 2005 dated 14-11-2005, registered at Police Station Saddar, Pakpattan for offences under sections 380 and 457, P.P.C.

2. The F.I.R. had been got recorded by Saeed Ahmad Reader to the Court of Senior Civil Judge, Pakpattan wherein it was alleged that on 7-11-2005 on commencement of routine Court work when the case listed at Serial No.19, of the cause list. was called he found the file thereof missing; on this a scrutiny was carried out which divulged that 19 case files were missing; both the Ahlmads were called who expressed their ignorance in the matter; Bashir Masih Chowkidar (petitioner) was asked to explain his position; he brought one Tahir Ahmad another official of the Court and stated that at 12-30 a.m. (after midnight) an incident of dacoity had taken place and the accused persons had snatched the files at gunpoint; Zulfiqar a Waterman, on inquiry told that after bolting the doors of the room from where allegedly the files had been stolen he had slept there and no incident of dacoity had taken place. The complainant suspected that Bashir Masih Chowkidar the present petitioner and Abid Mehboob process server were involved in removal of the files. Resultantly, the instant F.I.R. had been recorded.

3. The petitioner was arrested on 15-11-2005 and is in custody ever since. His plea for post-arrest bail did not find favour with the learned Judicial Magistrate on 5-12-2005. Thereafter his application to the Court of Session met with the same fate and the learned Sessions Judge, Pakpattan dismissed the same on 15-2-2006. Hence this petition.

4. I have heard Mr. A.D. Naseem, the learned counsel for the petitioner as also Mr. Abdul Majeed Chishti, the learned counsel for the State and have perused the record brought by Muhammad Ahmad A.S.-I., Police Station Saddar Pakpattan.

5. It has straightaway been observed that the co-accused named in the F.I.R. namely Abid Mehboob, process server has I since been declared to be innocent. The only evidence available with the prosecution at present is the remains of the files in the shape of ashes. It is not discernible from the said ashes that the same belong to the stolen files. It appears that investigation of the case was carried out rather partially and the scope of the investigation was restricted to the persons named in the F.I.R. only. No effort appears to have been made by the Investigating Officer to inquire as to how the petitioner was interested in nineteen different files. I have also been told that all the stolen files pertained to criminal cases and the same have been reconstructed. It is not clear B from the record as to how the petitioner could be interested in nineteen files and if the co-accused is innocent then who was the one who was in collusion with the petitioner as obviously the files had not been taken away by the petitioner as souvenirs. The petitioner is a poor man. I am told that his seven minor children have been reduced to starvation level. His further incarceration would not serve any useful purpose especially when his culpability calls for further inquiry.

6. Resultantly this petition is allowed and the petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.25,000 with one surety in the like amount to the satisfaction of the learned trial Court. S.M.B./B-15/L Bail granted.