2005 P Cr (PLP)

Syed Jamil Anwar Shah for Petitioner. Tanvir Ahmad Bhutta for the State. Date of hearing: 21st September, 2004. Through this petition under section 498, Cr.P.C. Haji Gul Muhammad petitioner seeks bail before arrest in case F.I.R. No.272, dated 30‑8‑2001 registered under sections 382/109, P.P.C. at Police Station Shedani District Rahimyar Khan.

2. The allegation against the petitioner is about cattle lifting of complainant in the night between 19/20‑7‑2004 and he along with other co‑accused was seen by the P. Ws. near river.

3. Learned counsel for the petitioner contends that the F.I. R. was lodged with the delay of 10 days without any explanation. Further contends that five investigations had been conducted in which the petitioner was found innocent but in the last investigation conducted by Inspector Range Crime Branch, he has been made an accused for abetment without any evidence.

4. Learned State Counsel opposes this bail application on the ground that the petitioner is named in the F. I. R. and it is not a fit case for grant of bail before arrest.

5. I have heard the learned counsel for the parties and also gone through the record Specific allegation was levelled that the petitioner along with the co‑accused was seen by the complainant and the other witnesses while taking away the stolen buffaloes but in spite of that F.I.R. was lodged with the delay of 10 days without any explanation. In the five successive investigations conducted by S.H.O. Police Station Liaquatpur. D.S.P. Sadiqabad, A.S.P. Sadiqabad and Additional S. P. Rahimyar Khan, the petitioner has been found innocent but in the last investigation conducted by Inspector Range Crime Branch, he has been, made an accused only for abetment of commission of the offence. No. 1 doubt opinion of the police is not binding on the Courts but consistent holding of the police that the petitioner was innocent and even in the final investigation it has not been held that the petitioner was present at the spot and had taken the buffaloes but he has been challaned that he had hatched conspiracy with the co‑accused for the theft of the buffaloes. No time and place when and where the conspiracy was hatched up was mentioned by the witnesses and no evidence was collected by the last Investigating Officer in this regard. The possibility of false implication of the petitioner in the present case cannot be ruled out. It is a fit case for the grant of bail before arrest. Hence, this application is accepted and ad interim pre‑arrest bail already granted to the petitioner vide order dated 15‑9‑2004 is confirmed subject to his furnishing fresh bail bonds in the sum of Rs.1,00,000 (Rupees one lac only) with two sureties each in the like amount to the satisfaction of learned Judicial/Illaqa Magistrate. N. H.Q/G‑113/L Pre‑arrest bail granted.