1. The petitioner seeks post-arrest bail in case FIR No, 247 dated 25.7.2005 registered under Sections 458 and 380 PPC at P.S. Matroo Tehsil Mailsi, District Vehari.
2. Briefly stated the prosecution case as contained in the FIR is that the complainant Haji Muhammad Yar alongwith his family members was sleeping in the courtyard of his house on the mid night of 13/14.6.2005 when at about 1.00 a.m., five persons armed with fire-arms trespassed into the house and awoke the complainant aiming fire-arms at him. They demanded keys of the house from the complainant and during the search of his pocket took out an amount of Rs, 5000/- from his pocket, removed his wrist watch and took out keys of the rooms from his pocket through which the rooms' locks were opened. In the meanwhile, the wife of the complainant rose up and lite the bulb. On her alarm the PWs attracted. The complainant and the PWs identified the petitioner and the co-accused Islam Rasool as well as Sarfraz in the bulb light, while the two other persons could also be identified by the complainant on sight. At this juncture, Tahir Nadeem petitioner fired with pistol 30 bore at the complainant and the shot passed very close to the complainant. The culprits fled-away with the stolen articles including clothes and golden ornaments which were checked later on.
2. 3.Learned counsel for the petitioner has contended that during the investigation Section 380 PPC has been deleted whereas Section 458 PPC is not made out; that the petitioner is previous non- convict; that the petitioner was arrested on 28.7.2005 and since then he is in jail; that challan is complete and that recovery is not effected from the petitioner.
3. 4.On the other hand, learned counsel for the State has opposed the bail application and submitted that the petitioner is named in the FIR; that Section 458 PPC is made out and that the petitioner has been found guilty during investigation.
4. 5.Arguments heard. Record perused.
5. 6.There is a delay of 40 days is lodging the FIR. During investigation, Section 380 PPC has been deleted. The petitioner is a previous non-convict. The petitioner was arrested on 28.7.2005 and since then he is in jail. Challan is complete. Section 458 PPC is not attracted. Recovery is not effected from the petitioner.
6. 7.In view of the above circumstances, the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- (rupees on lac) with two sureties each in the like amount to the satisfaction of the trial Court.