M.A. ZAFAR, J. - Muhammad Mushtaq petitioner seeks past arrest bail in case F.I.R. No. 360/08, dated 25.5.2008 under Sections 457 and 380, P.P.C. Registered with Police Station Liaqat Abad, Lahore on the written application of Khalid Mahmood complainant.
2. As per contents of the F.I.R., on 25.5.2008 at about 10.00 p.m. Some unknown accused persons committed theft in the shop of the complainant, details of which have been given in the F.I.R.
3. After hearing learned counsel for the parties and perusing the record I have observed that occurrence took place on 25.5.2008 and on the same day F.I.R. Was lodged in which nobody was named as an accused and no identification parade of the petitioner was held in this case.
Petitioner allegedly made extra-judicial confession on 30.8.2008 (more then three months after the occurrence) before one Muhammad Shafique, thereafter, police, also recorded- supplementary statement of the complainant on 2.9.2008 involving the petitioner as an accused and in the said supplementary statement ho source of information has been mentioned how the complainant came to know about the involvement of the petitioner in the commission of offence, who was arrested on 17.9.2008.. Police during the course of investigation recovered 10 calling cards each denomination of Rs. 100/-. There is no previous record of the petitioner qua his involvement rn such-like cases. The offence with which petitioner has been charged is maximum punishable uptil seven years, which does not fall within the prohibitory clause of Section 497(1), Cr.P.C. And grant of bail in such-like cases is a rule and refusal is an exception.
4. For the foregoing reasons, this petition is accepted and petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 200,000/- (Rupees two lac) with one surety in the like- amount to the satisfaction of learned Area Magistrate.