2004 PLP 225 (MLD)

Date of hearing: 19th June, 2003. The petitioners Muhammad Shafi Muhammad Abbas through the instant petition have sought for post‑arrest bail in case F.I.R. No.23 dated 9‑4‑2003, under section 379/337‑J/109/411, P.P.C. registered with Police Station, Railway Police Khanewal.

2. Briefly the prosecution case as per F.I.R. is that on 8‑4‑2003 Muhammad Abbas (petitioner No.2) at the instance of Muhammad Shafi (petitioner No. 1) had given intoxicant in tea to the passengers of Boggi Nos.2 to 13 up Awam Express. They due to taking of tea fell unconscious and in that condition Rs.1600 and Diary of Farzand Ali, Rs.1800 of Muhammad. Yousaf and Rs.400 of Shakoor were stolen away.

3. It has been contended on their behalf that they have falsely been roped in; that the complainant has named them in the F.I.R. after collecting information about. them as he was not certain that they were the real culprits; that during the investigation they have. been found innocent and one Muhammad Ismail has been apprehended by the Police who has admitted that he had committed the said act and stolen the abovesaid amount etc., and the same was recovered from him and that is why report regarding their discharge from the case was prepared but the learned Magistrate did not agree with the same; that in view of the finding of innocence in their favour and the report of their discharge from the case their case has become one of further inquiry; that nothing was recovered from them; and that they are behind the bars and previous

4. Conversely, the learned State counsel has opposed the petition.

5. I have carefully considered the submissions made from both the sides with the help of available record.

6. It has been found from the record that the case F.I.R. No.25 of 2003 under section 337‑J/511, P.P:C. stands registered against one Muhammad Ismail in respect of the incident as mentioned in the F. I. R. It has been borne out from the record that they in the investigation have been found innocent and the report for their discharge from the case stood prepared. It has been submitted that the learned Illaqa Magistrate did. not agree with that report. Anyway, in view of the fact that they were declared innocent by the police and the report for their discharge from the case was prepared and one Muhammad Ismail mentioned above stands arrested in this case in connection with the same incident as he has been mentioned in the F.I.R. and the said amount has been recovered from him, their case has become one of further inquiry into their guilt. The same, therefore, is covered under subsection (2) of section 497, Cr.P.C.

7. They are behind the bars and stated to be previous non‑convicts.

8. In these circumstances, this petition is accepted and they are admitted to bail provided they furnish bail bond in the sum of Rs.50,000 (rupees fifty thousand) each with one surety each in the like amount to the satisfaction of the learned Illaqa/Magistrate. H.B.T./M‑2223/L Bail granted