2002 PLP 1151 (MLD)

‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), Ss. 395/397/412/109‑‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979). S.17‑‑‑Bail, grant of‑‑‑No legal evidence was available to connect accused with alleged occurrence‑‑‑Accused had never been involved in any criminal case‑‑‑In absence of any reason to withhold concession of bail, accused was entitled to same in circumstances. M. Aqeel Wahid Chaudhry for Petitioner. Irfan Qadir for the State. Allah Baksh and Shakoor petitioners have applied for bail after arrest in a case registered at Police Station Chatiana District Toba Tek Singh on 15‑6‑2001, under sections 395, 397, 412, 109, P.P.C. and section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979.

2. The prosecution case is that on the night between 14/ 15‑6‑2001, 8/10 unidentified persons armed with different kinds of weapons entered into the house of the complainant, who was sleeping in the courtyard alongwith his family members. Muhammad Riaz was physically assaulted and injured. Thereafter, he alongwith other family members was confined in the drawing room. Two persons remained on guard, while the remaining accused searched the house. They took ornaments of gold and a cash of Rs.3,75,000 two .7MM rifles with 300 pellets and a .12 bore licensed gun of the complainant and a .32 bore pistol belonging to his father. The culprits told the complainant that he had contested elections against him. He also inquired about the mobile telephone. The accused then left the house after making reckless firing. The matter was reported to the police on the following morning at 7‑0 a.m. Allah Bakhsh and his son Shakoor were arrested on 29‑6‑2001 and sent to judicial lock‑up on 30‑6‑2001.

3. The learned counsel appearing on behalf of the State has taken me through the record. There is absolutely no legal evidence to connect the petitioners with the alleged occurrence. The petitioners have never been involved in any criminal case. I find no reason to withhold the concession of bail, therefore, this petition is allowed and the petitioners are ordered to be enlarged on bail subject to furnishing bail bond in the sum of Rs.100,000 (Rupees one lac) each with one surety each in the like amount each to the satisfaction of the learned Trial Court. H.B.T./A‑463/L?????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.