2005 PLP 1423 (MLD)

Through this petition Muhammad Khalid petitioner has sought post-arrest bail in case F.I.R. No.75 registered at Police Station Jhang Bazar, Faisalabad on 3-3-2004 for offences under sections 392/114, P.P.C. During the investigation sections 411 and 412, P.P.C. had statedly been added to the F.I.R.

2. After hearing the learned counsel for the parties and going through the record it has been noticed that the occurrence in this case had taken place after dark and the F.I.R. in respect of the same had been lodged with a delay of seven days. According to the F.I.R. the culprits perpetrating the alleged offences had remained unidentified at the spot and their names had been divulged before the complainant by one Muhammad Siddique co-accused who had informed the complainant that the petitioner was also one of the persons who had committed the alleged offences. It is not disputed that no test identification parade has been held in this case so as to positively incriminate the petitioner. During the investigation a C.D. deck and a pistol had allegedly been recovered from the petitioner's possession. However, the recovered C.D. deck had never been identified by the complainant or the eye-witnesses mentioned in the F.I.R. as part of the stolen property and no memorandum of `4 identification of the recovered C.D. deck is available on the record of investigation. There is nothing available on the record to connect the pistol allegedly recovered from the petitioner's possession with the offences in issue. It may be pertinent to mention here that the petitioner has been implicated in this case through a disclosure allegedly made by Muhammad Siddique co-accused but the said Muhammad Siddique co-accused has already been admitted to post-arrest bail by the learned Additional Sessions Judge, Faisalabad. Another co-accused of the petitioner namely Iftikhar whose role in the main occurrence was somewhat similar to that of the present petitioner has also been admitted to post-arrest bail by the learned Area Magistrate. The challan in this case has already been submitted after completion of investigation and, thus, continued custody of the petitioner in Jail is not likely to serve any beneficial purpose at this stage. The learned counsel for the State and the police officer present with the record have categorically stated that the petitioner has no credentials or antecedents of a dacoit or a robber to his discredit as no other case of similar nature stands registered against him at the relevant Police Station.

3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./M-1080/L??????????????????????????????????????????????????????????????????????????????????????????? Bail granted.