' The petitioner seeks bail after arrest in case F.I.R. No.49 of 2002 registered on 5-2-2002 in Police Station Jauharabad, District Khushab under sections 392, 411 and 401, P.P.C.
2. The F.I.R. Was lodged by Ashraf Jamil Mumtaz, complainant regarding an occurrence which had taken place on 4-2-2002 at 10-15 p.m. And in the course of which three unknown culprits had entered his house and had forcibly taken along the amount of Rs.30,000 in cash and also ornaments.
3. Arguments have been heard and record perused.
4. The learned counsel for the petitioner has submitted that the complainant had appeared in the Court of learned Magistrate Section 30, Khushab on 13-9-2004 and had made a statement that Ghulam Hassan is not the actual culprit.
5. From the order of the learned Additional Sessions Judge dated 18-9-2004 it appears that previously the complainant had been supporting the case of the prosecution against the petitioner and the first bail application of the petitioner had been dismissed by the learned Additional Sessions Judge on 28-8-2004. The filing of the affidavit by the complainant in the Court of the learned trial Judge or before the learned Additional Sessions Judge merely indicates that the accused/petitioner had tried to tamper with the prosecution evidence. In any way, as a direction has already been issued to the learned trial Court by the learned Additional Sessions Judge to conclude the trial within a period of two months and as the said period is about to expire, the petitioner shall have the right to file a fresh bail application in case the trial is not concluded within the said period. But at this stage, in a case of this nature, there is hardly any justification for the grant of bail to the petitioner. It may be mentioned here that in the course of investigation an amount of Rs.26,000 in cash and 9-1/2 grams of gold ornaments were recovered from the petitioner on 26-3-2004. Under the circumstances, this bail application. Is without any basis and the same is accordingly dismissed.