' In between the night of 28/29-2-2004 burglary took place in the National Bank Branch Mandian Abbottabad wherein millions of rupees were stolen from the strong room along with golden ornaments of a considerable value, pledged with the bank by different persons who had obtained credit from the bank. At the relevant time the petitioner was posted and was performing the duty of security guard. The information about the incident was conveyed at 7-15 a.m. To the complainant (manager of the bank) by the petitioner on phone who informed Regional Chief and Deputy Chief and ultimately all the three visited the branch where the petitioner was found asleep on sofa lying there inside, the entrance gate was found locked from inside. The police was called to the spot and the petitioner was awakened who disclosed that a CD Shop-keeper namely Sabir, his friend along with his brother and two other persons came to him at 9-30 p.m. And all of them dined together at Mandian Hotel and returned to the bank. On the request of Sabir he was allowed by the petitioner to use toilet situated deep inside the bank while his brother drew pistol and tied the hands of the petitioner with rope while the rest of the accused through gas cutter opened the safe/strong room and lockers cabinet and took away cash and gold therefrom. On such report case F.I.R. No,77, dated 29-2-2004 was registered by Police Station, Mirpur, Abbottabad. Details of the stolen cash and ornaments were supplied later to the police by the complainant from the record of the bank which comes to millions of rupees.
2. The petitioner was arrested. He was interrogated but he did not confess his guilt. However, during the course of investigation finger prints present on the lockers and strong room/safe of the cash were examined through Finger Print Expert along with the thumb-impression of the petitioner who opined that some of the thumb-impressions on the safe/strong room and lockers were tallying with the thumb-impression of the accused-petitioner.
3. Petitioner has been refused bail by the learned Courts below thus seeks bail in the case through the instant petition.
4. Learned counsel for the petitioner contended that there is no direct evidence reasonably connecting the petitioner with the commission of the crime, that he has remained in custody of the police beyond the permissible period but despite that nothing incriminating was recovered from him and that the Finger Print Expert report is not of that legal worth to constitute reasonable grounds to believe that the petitioner is guilty of the offences for which he is charged. Learned counsel also contended that from the version of the F.I.R. Itself the penal sections of law are not applicable in the case of the petitioner thus his case clearly falls under subsection 2 of section 497, Cr.P.C.
5. Learned counsel for the State and for the complainant, however, vehemently opposed the grant of bail and stated at the bar that the co-accused are still at large and the principal accused named in the F.I.R. Has committed similar crimes at different places in the different branches of the bank and thereafter fled away to Dubai and that after considerable efforts his arrest was secured through the inter-pol police at Dubai who is now under custody there and the bank has paid all the travelling expenses of the accused along with security guards to accompany him to Pakistan and hectic efforts are under way both by the Interior and Foreign Ministry of Pakistan asking the authorities at Dubai for the extradition of the said accused to Pakistan and for this reason challan could not be submitted well in time to the trial Court because in that event the prosecution would be deprived of bringing on record vital evidence not only against the principal accused, the other co-accused at large and the present petitioner and that there is no wilful default on the part of the prosecution in not submitting the challan for trial against the petitioner. They also argued that petitioner was admittedly posted as a security guard, he was entrusted the cash and ornaments albeit under lock to him with the duty to guard it against any attempt of theft or burglary and for that he was paid handsome salary and that the series of events both at pre and post occurrence stages show that the conduct of the petitioner was not above board and all these facts further show that he has facilitated the commission of the crime and was privy to the same. Thus his case is not fit for grant of bail and that if he is released on bail there is strong prohibitory that he would abscond and further evidence likely to be collected against him would be rendered impossible.
6. The contentions of the learned counsel for the petitioner are of such a nature that any discussion on it at this stage would amount to deeper appraisal of evidence/materials on record which is neither the practice nor the function of this Court at bail stage. The above materials and the sequences of all the events in the same chain constitute reasonable grounds to believe that the petitioner has hand in the commission of the crime and the contribution which he had admittedly rendered facilitating the crime whether intentionally or negligently connect his neck therewith.
Hence he is not entitled to the concession of bail, moreso when the principal accused has been arrested abroad who is likely to be brought to the country for interrogation in the near future which would unveil and would lead to the discovery of new facts vital in nature and when there is a possibility of the accused to abscond if released on bail, hence this petition is dismissed. However, the petitioner cannot be kept in jail for indefinite period without trial which is his legal right, hence prosecution is directed to submit challan/charge sheet against the petitioner before the trial Court within a period of one month. In case the principal or any of the co-accused at large is arrested the prosecution would be at liberty to commence re-investigation and for that matter they may seek the permission of the trial Court for getting the custody of the case file therefrom and may submit supplementary challan.