' The accused/petitioner was refused the concession of bail by the lower Courts in case registered vide F.I.R. No,157, dated 18-7-2000 under sections 411/420/458/471, P.P.C. Read with section 14 of the Offences Against Property, Police Station Nawanshehr.
2. According to the report the complainant Malik Gohar Rehman on the night of occurrence parked his Car No,RIG-9496 in front of his shop and when on the next morning he came to his shop, he found the car missing. On the written application of the complainant a case was registered against unknown culprits.
3. The learned counsel for the petitioner contended that the co-accused of the petitioner have been granted bail by the lower Court as such principle of consistency is very much attracted to the present case and hence the petitioner is also entitled to the concession of bail. Further contended that the petitioner has been ascribed minor role than that of co-accused Iqbal who has been granted bail by the lower Court and that the petitioner is in judicial lock-up since date of his arrest i,e, 17-10-2000; that the vehicle in question was not recovered from his possession.
4. The learned Deputy Advocate-General and the counsel for the complainant opposed the bail application by contending that the petitioner is an habitual offender as he is also involved in so many other cases of such-like nature and the persons involved in such-like criminal offences do not deserve the concession of bail. All the more he had confessed the guilt under section 164, Cr.P.C. Before the Judicial Magistrate.
5. A perusal of the record would show that after his arrest the petitioner has made a voluntarily confessional statement 'admitting his guilt and that of his co-accused. The petitioner is also involved in so many other cases of such-like nature and seems to be a habitual offender which makes the conduct of the petitioner doubtful. Hence prima facie there exist reasonable grounds for believing that the petitioner appears to be connected with the crime with which he is charged.
6. Having gone through the record in detail it appears that Muhammad Iqbal co-accused of the petitioner is main accused in the case at whose instance and behest the crime was committed.
The said Iqbal has been granted bail by the learned Sessions Judge. In view of the facts and circumstances of the case and keeping the role played by the said Iqbal in the commission of the crime, a suo motu notice be issued to him as to why his bail should not be cancelled.
7. The petition is dismissed.