' Petitioner Tanveer Ali through the instant petition has sought for post-arrest bail in case F.I.R. No. 556, dated 8-7-2003 under section 382/459, P.P.C. Registered with Police Station Nishat Abad, Faisalabad.
2. Briefly the prosecution case as per F.I.R. Is that on the night between 6/7-7-2003, three unknown persons armed with pistols have trespassed into the house of the complainant through the roof there and they on fire-arm point have taken Golden ornaments worth Rs. 4, 50,000 and cash Rs.2,25,000 from the Safe Almirah and have also beaten him and his wife and they thereafter managed good their escape.
3. It has been contended on his behalf that he has falsely been roped in that his name has figured in the supplementary statement recorded on 12-7-2003 of the complainant; that no recovery of any type has been effected from him; and that he is behind the bars and a previous non-convict.
4. Conversely the learned counsel for the State has opposed the petition on the ground that his name has figured in the supplementary statement recorded on 12-7-2003 for the complainant and so he sufficiently is connected with the crime. He, however, has conceded that no recovery of any type was effected from him.
5. I have carefully considered the arguments made from both the sides with the help of the available record.
6. The fact remains that he is not named in the F.I.R. He was also not put to any identification test.
His name has figured in the supplementary statement, dated 12-7-2003 of the complainant. I have gone through the same. He in the same has named him as one of the culprits on the basis of suspicion or 'GAVEER'. It may be mentioned here that suspicion, howsoever, strong may be but cannot take place of proof.
7. Besides this, nothing incriminating has been recovered from him despite the fact that he remained with the police on physical remand for about four days.
8. All these facts make his case as one of further inquiry into his guilt and so is covered under subsection (2) of section 497, Cr.P.C.
9. He is behind the bars and stated to the previous non-convict.
10. In these circumstances I, find him entitled to bail.
11. The petition, therefore, is accepted and he is admitted to bailsubject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac) with two sureties each in the like amount to the satisfaction of the learned trial Court.