FAZAL-E-MIRAN CHAUHAN, J.~- Petitioner- Nausher, seeks pre-arrest bail in case FIR No. 54, dated 22.5.2005, under Sections 379 and 411, PPC registered at Police Station, Fateh Shah, .District Vehari for the allegations of stealing Sheeshum trees valuing Rs. 15,000/- 16, 000/- from the land of the complainant, hence, this case. lt is contended by learned counsel for the petitioner that there is delay of ten days in lodging the F.I.R for which no plausible explanation has been given. There is no eyewitness of the alleged cutting of trees. Further contends that nothing is recovered from the petitioner, thus, provisions of Section 411, P.P.C are not applicable to the facts and circumstances of the case. The offences alleged to have been committed by the petitioner do not fall within the prohibitory clause of Section 497 Cr.P.C, thus, petitioner is entitled for grant of bail before arrest.
3. Conversely, learned State counsel opposed the bail petition.
4. I have heard learned counsel for the parties and perused the record. Admittedly, recovery of alleged 'stolen trees has already been effected from the co-accused, who are in judicial lock-up.
F.I.R was lodged after delay of ten days. There is no eye-witness of the alleged cutting of trees or taking away of the same by the petitioner. Nothing has been recovered from the petitioner's possession. Provisions of Section 411, P.P.C, apparently are not applicable to the case of the petitioner, lt is yet to be determined by the Trial Court as to whether the trees cut by the petitioner and the other co-accused belonged to the complainant, which makes the case of the petitioner that of further inquiry. The offences alleged to have been committed by the petitioner do not fall within the prohibitory clause, of Section 497, Cr.P.C.
5. ln this view of the matter, interim pre-arrest bail already granted to the petitioner on 16.12.2005 is confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the learned Trial Court.