' MUHAMMAD KHALID ALVI, J.---Muhammad Qamar petitioner seeks after-arrest bail in case F.I.R.
No,382 dated 19-9-2006 for offences under sections 454/380, P.P.C. Registered at Police Station Saddar, Bahawalpur.
2. The prosecution story, as narrated in the F.I.R. Lodged by Hakeem Zafar Iqbal rings weighing 1-1/2 tolas, four bangles weighing 2 tolas and one mobile along with cash amounting to Rs,20,000 was found missing. Siraj Ahmad and Ghulam Yaseen P.W. Told that at about Zohar time, they saw Qari Fayaz Abasi, Tayab Bhatti along with petitioner coming from the house of the complainant. Hence the present F.I.R.
3. It is contended by learned counsel for the petitioner that petitioner is behind the bars since 22-9- 2006, that no witness from the locality was associated at the time of alleged recovery; that the petitioner has no previous record; that he has been falsely involved by the complainant on account of some dispute of money; and that the offences with which the petitioner stands charged does not fall within the prohibitory clause of section 497, Cr.P.C.
4. On the other hand, learned Additional Prosecutor General has opposed the application. It is contended that co-accused of the petitioner are still absconding; that ears-ring identified by the complainant are recovered from the petitioner and that the petitioner is nominated in the F.I.R.
5. I have considered the arguments of the learned counsel for the parties.
6. Section 454, P.P.C. Is punishable with three years but if trespass is coupled with theft, the sentence may extend to 10 years. Prima facie, it is yet to be established that petitioner was connected with the actual theft or not which can only be determined after recording of evidence.
Since there is no previous record of the petitioner and the offence does not fall within the prohibitory clause of section 497, Cr.P.C. And that the learned Additional Prosecutor General has not been able to point out any exceptional circumstance for refusal of bail in offences which otherwise do not fall within the prohibitory clause of section 497, Cr.P.C., accordingly he is allowed bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the trial Court.