' Petitioner Muhammad Kazim through the instant petition has sought for post-arrest bail in case F.I.R. No,418, dated 13-9-2003 originally registered under sections 392/458, P.P.C. With Police Station, City, Hafizabad, District Hafizabad. Later on the police have substituted the offence under section 395, P.P.C. For one under section 392, P.P.C. And also added the offence under section 411, P.P.C in the same.
2. Briefly the prosecution case as per F.I.R. Is that on the night between 12/13-9-2003 at about 2-00 a.m. Three unknown persons, the description of whom have been given therein, while one of them was armed with gun had entered into the house of the complainant. They awakened him and forcibly took away his Honda Motorcycle No,4066/HZ along with its documents, Colour T.V. 21" and C.D. Therefrom. They while leaving had tied hands and threatened him to keep quiet.
3. After hearing the learned counsel of the parties and perusing the available record, I find that the petitioner is not named in the F.I.R. He has not been put to any identification test. The question of his involvement in the case thus needs serious consideration. His case, therefore, is covered under subsection (2) of section 497, Cr.P.C. Calling for further inquiry into his guilt.
4. Allegedly, the C.D. Was recovered from him on 27-11-2003.
5. This, if may be so, attracts an offence under section 411, P.P.C. The same is not covered under the prohibitory clause of section 497(1), Cr.P.C.
6. He is behind the bars and stated to be previous non-convict.
7. In these circumstances, I find him entitled to bail. The petition, therefore, is accepted and he is admitted to bail subject 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 Illaqa/Duty Magistrate.