1. ' KHALID ALI Z. QAZI, J.---Granted subject to all just exceptions.
2. This bail application has been filed by Mr. Zulfiqar Ali Jatoi on behalf of the applicant/accused Imam Ali who is involved in Crime No,54 of 2008 of Police Station, Mithiani punishable under section 382, P.P.C.
2. ' The brief facts as per prosecution case are that an F.I.R. Was lodged by complainant Zaheer Ahmed at Police Station, Mithiani on 6-9-2008 at 2100 hours that applicant/accused duly armed with a pistol along with four other persons including Ghulam Mustafa alias Mujoo and Zulfiqar alias Bhutto having deadly weapons as well as on 30-8-2008 at about 2-00 a.m. Committed theft of one buffalo from the house of complainant situated at village Thatt Goraho.
3. ' After registration of the case, challan was submitted in the Court of 2nd Civil Judge and Judicial Magistrate, Naushahro Feroze. Earlier bail applications were rejected by the learned trial Court on 29-9-2008 so also learned Additional Sessions Judge, Naushahro Feroze on 22-11-2009, respectively.
4. ' I have heard the learned Advocate for the applicant, learned Advocate for the complainant and learned Asstt. A.-G.
5. ' The learned Advocate for the applicant/accused submits that the applicant/accused is innocent and has not committed the offence and he has falsely been implicated in this case due to political enmity. He further contended that the F.I.R. Is delayed for about 6/7 days and no such plausible or solid explanation has been given by the complainant while lodging such F.I.R. Regarding inordinate delay, of 6/7 days. He further added that the whole prosecution story seems to be false, fabricated and the same is concocted on the very reason that the applicant/accused was actually arrested by Mithiani Police on 3rd September, 2008 to substantiate his arguments he read out para. No,1 of Annexure "G" available at page No,51 of the file which is an application under sections 22-A and 22- B Cr.P.C. Bearing Application No,970 of 2008 which was filed in the Court of Additional Sessions Judge, Naushahro Feroze wherein it has been mentioned that on 3rd September, 2009 at about 5- 00 p.m., the applicant/ accused was arrested by the police along with Imam Ali s/o Ghulam Ali, Mumtaz s/o Ghtilam Ali and Ali Asghar s/o Umed Ali at page 51 there is endorsement of the Superintendent Sessions Court, Naushahro Feroze to the effect that the said application was received on 6-9-2008 at 11-00 a.m. And the order passed by incharge learned additional Sessions Judge, Naushahro Feroze also available at page 53, wherein the said application No,970 of 2008 was admitted and registered, the notice was issued to DPP and report was called from the concerned police station and hearing was fixed on 11-9-2008, he further argued that it is surprising to note that as per contents of the F.I.R. The applicant/ accused and others committed the theft of a buffalo, even then complainant party watching them while they were taking away the said theft and no resistance was made by the complainant party which requires further enquiry.
6. ' Conversely Mr. Agha Athar Hussain Pathan, learned Assistant Advocate General as well as Mr. Dhanraj, Advocate for the complainant have opposed for the grant of bail to the applicant/accused on the ground that the name of the applicant/ accused appears in the F.I.R.
7. And he has fully been implicated by the complainant as well as other witnesses during the course of investigation, even otherwise his bail applications have already been declined by the learned trial Court as well as learned Additional Sessions Judge, Naushahro Feroze, therefore, he is not entitled for the concession of bail. The learned Advocate for the complainant relied on 2006 PCr.LJ 1015, 2006 PCr.LJ 1736 and 1999 PCr.LJ 1050.
8. ' I have considered the arguments advanced by the learned advocates for the parties and have gone through the relevant papers and orders of learned trial Court and learned Additional Sessions Judge, as well. Admittedly, the name of the present applicant/accused appears in the F.I.R. With specific allegation that he along with other co-accused duly armed with deadly weapons during the odd hours of the night committed theft of buffalo of the complainant party. Moreso, the stolen buffalo was alleged to have been recovered by the concerned police on 10-9-2008 during the course of investigation from the applicant/accused, but the material available on record at page 51 of the file as narrated in the earlier part of the order, prima facie shows that the applicant/ accused was apprehended by the police on 3-9-2008 along with Mumtaz Ali, Ghulam Ali and Ali Asghar. In the peculiar facts and circumstances of the case, the learned Advocate for the applicant has succeeded in making out a case of further enquiry, as envisaged under subsection (2) of section 497, Cr.P.C. The case law cited by the learned .Counsel for the complainant are distinguishable and are not applicable to the present case as in the case of 1999 PCr.LJ 1050, the applicant was habitual offender while in other two cases as well, the applicant was not arrested even before the registration of F.I.R., as in the present case the applicant/accused was apprehended on 3-9-2008 by the police and prima facie which is outcome of the enmity of the complainant party with the police.
9. ' I therefore, grant bail to the applicant/accused subject to his furnishing solvent surety in the sum of Rs,30,000 (Thirty Thousand Rupees) and P.R. Bond in the like amount to the satisfaction of trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.