1. ' KHAWAJA NAVEED AHMED, J.---Messrs Imdad Khan and Khan Muhammad, Advocates for the applicant have moved this bail application on behalf of applicant Ayub Shahid aged about 54/55 years, who has been picked in case F.I.R. No,129 of 2008, under sections 147/148/ 149/337-A(i), 353/392, P.P.C., Police Station Mehmoodabad, on the complaint of Mumtaz son of Elahi Bux, lodged on 8-5-2008. The complainant had stated that 7/8 boys had stopped him on his way to his house and on the point of gun had snatched .From him Rs.5000 and Nokia Mobile Phone. He states that during scuffle the police party reached on the spot. All the boys ran away, only Ayub Shahid was arrested from the spot. The learned counsel for the applicant states that entire story is false. The present applicant is aged 54/55 years and he is ex-Councillor of the area on minority seat. It is a case of street fight which has been converted into robbery. The learned Additional Prosecutor- General Mr. Saleem Alhtar, after perusing the police papers has stated that no recovery has been made from the present applicant though it is alleged that he was arrested from the spot. He has further stated that the complainant has marks of violence on his body and there is medico-legal certificate. The learned State Counsel states that this is a case of street fight but since the offences were not cognizable by police therefore, there is possibility that sections 392 and 353 have been added in the F.I.R. In order to make the case cognizable. Learned counsel for the applicant states that section 353, P.P.C. Has been applied in F.I.R. By a private complainant who is not competent under law to add this section for personal grievance.
2. ' I have heard both the learned counsel and perused the impugned order, F.I.R. As well as police papers. The co-accused in this case Stephen and Anil Ayub, have already been granted bail by the trial Court. I find substance in the arguments advanced by the learned counsel A at bar, the case of prosecution at this stage requires further inquiry under section 497(2), Cr.P.C. And pending such inquiry, I grant bail to the applicant upon his furnishing surety in the sum of Rs.25,000 and P.R. Bond in the like, amount to the satisfaction of the trial Court.