2011 PLP 1553 (MLD)

SARDAR MUHAMMAD SHAMIM KHAN, J.

Bahar, the petitioner seeks his post arrest bail in case F.I.R. No.173 of/2009 dated 3-7-2009 for the offences under sections 392 and 412' of P.P.C. registered at Police Station Karampur, District Vehari.

2. The allegation against the petitioner is that he along with co accused Javed Hussain, Shabeer Hussain and one unknown persons on 14-6-2009 at about 9-00 p.m. forcibly snatched the motorcycle, Rs.600/Rs.700, one Mobile Nokia and ID Card of the complainant, after giving him beating.

3. Learned counsel for the petitioner contends that there is delay of about 19-days in lodging of F.I.R.; that according to the allegation in the F.I.R. the complainant and others were injured by the petitioner and other co-accused persons with SOTAS but no medical certificate is available on the record. Learned counsel for the petitioner further contends that complainant tendered his affidavit before the Magistrate 1st Class, Mailsi wherein he contended that names of co-accused Javed Hussain and Shabir Hussain were got mentioned in the F.I.R. on the basis of misunderstanding and due to suspicion and that now they are not his accused; that the accused persons has satisfied him that they were not involved in this case and on the basis of this affidavit both co-accused Javed Hussain and Shabeer Hussain were admitted to post arrest bail on 6-8-2009. The copy of order and copy of affidavit of the complainant has been placed on the record. Learned counsel for the petitioner lastly submits that petitioner was arrested on 7-7-2009 and is behind the bars for about seven and a half months and his person is no more required by the police; and that, recovery of motorcycle has been planted against him. Reliance has been placed on case titled "Tahir Islam v. The State" reported in 2009 PCr.LJ 677.

4. Learned Law Officer has opposed the bail application on the grounds that the petitioner is nominated in the F.I.R.; that recovery of motorcycle has been effected from him; and that, the offence falls within the-prohibitory clause of section 497 of Cr.P.C, so the petitioner is not entitled to the grant of bail.

5. I have heard the learned counsel for the parties and gone through the record.

6. The complainant reported the matter to the police after delay of about 19-days without any plausible explanation. The occurrence took place at night time but no source of identification has been given in the F.I.R. by the complainant and other P.Ws. The allegation against the petitioner and other co-accused is that they injured the complainant and other P.Ws. but this fact has not been established as no medical examination either of the complainant or P.Ws. is available on the record. The allegation against the petitioner and co-accused Javed Hussain and Shabeer Hussain is that they forcibly snatched motorcycle etc. from the complainant and made good their escape but complainant himself tendered affidavit exonerating Javed Hussain and Shabeer Hussain co-accused from this case and on the basis of his affidavit both co-accused Javed Hussain and Shabir Hussain were admitted to post arrest bail by the Magistrate 1st Class, Malsi. The petitioner is behind the bar for last about 7-1/2 months and trial has not yet been started.

7. For what has been discussed above, I am of the view that the case of the petitioner is one of further inquiry. The petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of the trial court. N.H.Q./B-6/L Bail allowed.