' Petitioner Khalil Ahmad has sought post-arrest bail in case F.I.R. No.142 of 2004 dated 1-6-2004 registered against the petitioner and two other unknown persons under sections 379/411, P.P.C. At Police Station, Fatehpur District, Layyah.
2. Briefly the prosecution story as narrated in the F.I.R. Is that case was registered on the complaint of Muhammad Ishaq, Forest Guard, who had received information that petitioner was busy in cutting the tree in some forest.
3. Learned counsel for the petitioner submits that petitioner was arrested in this case on 7-11-2004.
That the alleged recovery has been effected and case against the petitioner does not fall within prohibitory clause of section 497, Cr.P.C. That the petitioner has falsely been involved in this case and he is innocent. That there is no eye-witness of the alleged theft and petitioner is no more required by the police.
4. On the other hand learned counsel appearing on behalf of the State vehemently opposed The bail petition and submitted that petitioner is nominated in the F.I.R. And specific role has been attributed to the petitioner.
5. I have heard learned counsel for the parties and carefully perused the record. The alleged recovery has been effected in this case and petitioner is no more required by the police.
Furthermore, petitioner is in the judicial lock-up since 7-11-2004 and no useful purpose will be served to put him behind the bars for indefinite period. He s admitted to bail in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of learned trial Court.