' Imran, petitioner, seeks bail after arrest in case registered vide F.I.R. No.625 dated 6-10-2003 under sections 381-A/411, P.P.C. At Police Station, Sabzi Mandi District Gujranwala.
2. It is alleged that a Motorcycle No.LRA-9905 Sohrab 2000 was parked by Muhammad Tahir, complainant outside his house. After some time, it was found missing on which the case was registered. Thereafter, the motorcycle was recovered by the Eminabad police and was taken into possession under section 550, Cr.P.C. Petitioner applied for bail after arrest to the learned Additional Sessions Judge, Gujranwala, which has been declined to him. Hence this petition.
3. Learned counsel for the petitioner contends that the petitioner is not nominated in the F.I.R.; that he is innocent; that the case does not fall under the prohibitory clause of section 497, Cr.P.C.; that there is no material available with the prosecution to connect the petitioner in the alleged crime but there are grounds of further inquiry into the guilt of the petitioner within the meaning of section 497(2), Cr.P.C.
4. On the other hand, learned State counsel has opposed the bail on the ground that the petitioner was earlier arrested in case registered vide F.I.R. No.327 dated 12-5-2003 under sections 457/380, P.P.C., at Police Station, Sabzi Mandi, Gujranwala and during the investigation of that case, it was disclosed that the petitioner was responsible for committing the theft of the motorcycle.
Subsequently, the petitioner was discharged in the said case.
5. I have heard the arguments of the learned counsel for parties and perused the record with their assistance.
6. Petitioner is not nominated in the F.I.R. Case does not fall under the prohibitory clause of section 497, Cr.P.C. Bail is a rule and refusal is an exception as held in case reported as Imtiaz Ahmad and another v. The State PLD 1997 SC 545. Motorcycle has been taken by the Police Station, Eminabad under section 550, Cr.P.C. In this view of the matter, there are no reasonable grounds to believe that the petitioner has committed the offence for which he has been charged for but there are grounds of further inquiry into the guilt of the petitioner within the meaning of section 497(2), Cr.P.C. In this view of the matter, I am inclined to grant bail to the petitioner. Resultantly, this application is accepted. Petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of the trial Court.