' KHAWAJA MUHAMMAD SHARIF, C.J.---Learned counsel for the petitioner Intizar Hussain submits that the petitioner along with his two brothers namely, Abdul Ghaffar and Intizar Hussain was falsely implicated in this case. According to learned counsel, in all six persons were named as accused in the F.I.R. And out of them, three were allowed bail on the basis of statement made by the complainant. It is maintained that case of the present petitioner is on similar footing to that of Abdul Ghaffar, co-accused who was allowed bail by this Court vide order dated 19-11-20Q9 passed in Criminal Miscellaneous No,14421/B of 2009.
2. On the other hand, the learned Deputy Prosecutor-General assisted by learned counsel for the complainant submits that delay of three months in lodging the F.I.R. Is fully explained in the F.I.R.
Itself; case of the present petitioner is distinguishable from the case of his co-accused Abdul Ghaffar who was allowed bail by this Court; recovery was effected from the petitioner and that the offence falls within the prohibitory clause of section 497(1), Cr.P.C.
3. Heard. The petitioner along with his two real brothers and three others was involved in the F.I.R.
Which was recorded after delay of three months. The complainant has let off three co-accused of the petitioner by making a statement before the Court. Abdul Ghaffar, real brother of the present petitioner was allowed bail by this Court vide order dated 19-11-2009 passed in Criminal Miscellaneous No,14421/B of 2009. The petitioner is behind the bars for the last three months.
Rs.20,000 was recovered from the petitioner while from Abdul Ghaffar, co-accused of the petitioner, a cheque was recovered which, was bounced. Taking all the facts together, I am of the opinion that the case of the petitioner is fully covered by subsection (2) to section 497, Cr.P.C. Requiring further probe into his guilt. Resultantly, this petition is accepted and the petitioner shall be released on bail provided A he furnishes bail bonds in the sum of rupees one lac with one surety in the like amount to the satisfaction of Deputy Registrar (Judi.) of this Court.