2008 PLP 1024 (MLD)

M.A. ZAFAR, J.

Petitioner seeks bail after arrest in case F.I.R. No. 391 of 2007; dated 12-6-2007 under section 395, P.P.C. registered with Police Station-B Division District Kasur at the instance of Noor Elahi complainant.

2. The prosecution case as unfolded in the F.I.R. is that on the intervening night of 11/12-6-2007 at about 2-30 a.m. in the night the complainant along with his family was sleeping on the roof of the factory when eight persons who had muffled their faces and were duly armed with sire-arms by scaling over the wall entered in the premises of the factory and apprehended four servants of the complainant including the present petitioner and on gun-point they deprived the complainant of gold ornaments and a sum of Rs.1,50,000.

3. However, in supplementary statement of the complainant recorded on 15-6-2007 the servants including the present petitioner Khalid was also involved by the complainant by maintaining that dacoity had been committed in collusion with the servants and that his servants facilitated the commission of offence.

4. In support of this bail petition, learned counsel for the petitioner submits that petitioner has been falsely implicated in this case and even as per F.I.R., those persons, who entered in the premises of the factory, also apprehended him. He submits that petitioner is in Judicial Lock-up since 15-6-2007 and nothing is to be recovered from him and that his case is one of further inquiry falling under sub-clause (2) of section 497, Cr. P. C.

5. Learned D.P.G. has opposed the grant of bail on the ground that a sum of Rs.1500 out of the amount in question was recovered from the petitioner.

6. After having heard learned counsel for the parties and perusing the record I found that petitioner is not named in the F.I.R. as an accused but he was found to be overpowered by the unknown accused while committing dacoity, the veracity of supplementary statement made after three days changing the whole story and implicating the petitioner and others will be determined at the time of trial by the learned Trial Court. Recovery of Rs.1500 does not connect him with the commission of offence. He is in Jail for the last more than 10 months and no more required to police for the purpose of investigation, challan, has already been submitted in the Trial Court. He is servant of the complainant, he has no previous record and his participation in the occurrence is a matter of further inquiry within the ambit of section 497(2), Cr.P.C., therefore, this petition is accepted. Petitioner is allowed bail subject to furnishing bail bonds to the tune of Rs.50,000 (Fifty thousand) with one surety in the like amount to the satisfaction of learned Trial Court. H.B.T./K-12//L Bail granted.