1. ' SYED SHAFQAT ALI SHAH MASOOMI, J.---Applicants Ghulam Hussain and Muhammad Haneef have filed this application seeking bail after arrest as who are required in Crime No,60 of 2009 Police Station, Salehpat registered for an offence under sections 457 and 380, P.P.C.
2. ' According to the F.I.R. Lodged by complainant Kamal Shaikh on 31-5-2009 at 0810 hours it is alleged against the present applicants that they along with co-accused Ali Haider committed the theft of buffalo and on seeing the complainant and police party they left the buffalo and ran away and thereafter police arrested all the three; hence the F.I.R. Was lodged as stated.
3. ' Heard the arguments of the learned counsel for the applicants and learned APG for the State and also perused the material available on record.
4. From the perusal of F.I.R. It is an astonishing fact that A.S.-I Khalil Ahmed along with a police constables empty-handed reached at the place of occurrence and apprehended one of the accused who was armed with gun. The learned State counsel also stated that in the 161, Cr.P.C.
5. Statements the P.Ws. Have not stated that the A.S.-I. Khalil Ahmed along with police constables was armed with government weapons in such situation how they apprehended the accused though three of the accused were armed .With gun. Such fact create dent in the prosecution story and benefit of doubt goes in favour of the accused at the bail stage.
6. ' For the foregoing reasons, the applicants have been able to make out a case of further enquiry into their guilt. I therefore, allow this application and admit the applicants to bail subject to their furnishing a solvent surety in the sum of Rs,100,000 (Rs, One lac only) and P.R. Bond in the like amount to the satisfaction of the learned trial Court.
7. ' However, the observations Made hereinabove are tentative in nature for the purpose of only disposal of bail application and may not influence the mind of trial Court, which is free to appraise the evidence strictly according to merits of the case.
8. ' Bail Application No,647 of 2009 stands disposed of along with listed-applications.