2010 PLP 3093 (YLR)

PLD 1972 SC 277 ref. Muhammad Tanveer Chaudhry for Petitioner. Rana Muhammad Azhar Javed, D.P.-G. Khadim Hussain, S.-I. along with record. ORDRE EJAZ AHMAD CHAUDHRY, J.--Shahzad alias Shadda, petitioner, seeks post-arrest bail in case F.I.R. No. 847 of 2008 dated 23-10-2008 under sections 394/ 412, P.P.C. registered with Police Station, Sargodha Road, Faisalabad.

2. The learned counsel for petitioner contends that the petitioner was arrested on 22-10-2008; that mother of the petitioner filed Habeas Corpus Petition No.1203-H of 2008 in this Court; the petitioner was recovered and produced before this Court, when it was brought to the notice of this Court that the petitioner was an accused of case F. I. R. No. 703 of 2008 under section 392, P.P.C. and that his arrest in that case was recorded as on 27-10-2008 at 7-30 a.m. It is further contended that in the case in hand the petitioner has been nominated on the basis of supplementary statement, but no source of the information has been brought on record; that the Police has allegedly effected some recoveries, which, however, do not connect the petitioner with the alleged incident.

3. The learned Deputy Prosecutor General has contended that the petitioner is involved in number of cases, which have been registered on different occasions and he being criminal bent of mind is not entitled to the concession of bail and that his requests of bail have repeatedly been declined by the Courts below.

4. I have heard the learned counsel for parties and perused the record carefully. According to the contents of the F.I.R. it is clear that the names of the accused were not mentioned and it was in supplementary statement that the name of the petitioner appeared as one of the accused without disclosing any source, from which the complainant came to know name and other particulars of the petitioner. It is also on record that the mother of the petitioner filed Criminal Miscellaneous No.1203-H of 2008 in this Court; a Bailiff produced the petitioner before this Court on 31-10-2008 as an alleged detenu and he claimed that he had been arrested on 22-10-2008 and was severely tortured. On the other hand, the stand of Police was that the petitioner had been arrested on 27-10.2008 at 7-50 a.m. in a case F. I. R. No. 703 of 2008, dated 25-10-2008. It is also to be noted that the petitioner was not a nominated accused in that case, he was involved in that case on the basis of supplementary statement of the complainant. In the circumstances narrated above there is sufficient material to cause reasonable doubt about the involvement of petitioner in this case. Wherever there is reasonable doubt and matter requires deeper appreciation, bail can be granted to the petitioner even in the offences falling within the prohibitory clause. Reliance can be placed on the case reported as PLD 1972 SC

277. Resultantly, I accept this petition and release the petitioner on bail subject to furnishing bail bond in the sum of Rs. 1,00,000 (one lac only) with two sureties each in the like amount to the satisfaction of Trial Court. H.B.T./S-96/L Bail granted.