' CH. IFTIKHAR HUSSAIN, J.---Petitioner Sarfraz through the instant petition has sought for post arrest bail in case F.I.R. No, 433 registered under sections 395 and 411, P.P.C. With Police Station City Kehror Pacca, Lodhran on 21-9-2008.
2. Briefly the prosecution case as per the F.I.R. Is that on 20-9-2008, four unknown persons, on firearm point have forcibly snatched tanker containing 24000 liters diesel worth Rs,16,25,000 and they shut the driver and conductor of the same in an abandoned mosque near Riaz Guest House within the area of that Police Station and took away the tanker.
3. After hearing the learned counsel for the parties and perusing the record, I find that the petitioner is not named in the F.I.R. He, admittedly, has also not been put to any identification test. His name for the first time has figured in the supplementary statement of Ali Raza Hassan, Driver and Rizwan Haider, conductor recorded on 6-10-2008. This so was after sixteen days of the alleged incident.
The evidentiary value of such supplementary statement is to be gone into at trial.
4. According to the learned DPG, the tanker has been recovered from him and his co-accused Yaseen. Firstly, this was a joint recovery and secondly, if at all, this may be taken as true, the same would maximum attract an offence under section 411, P.P.C., which does not fall within the prohibitory clause of section 497(1), Cr.P.C.
5. As regards, the allegation of dacoity against him, due to the above indicated factors i.e, his no nomination in the F.I.R., holding of an identification test and that of his name having figured in the supplementary statement of the said driver and conductor of the tanker after sixteen days of the alleged incident, I am of the clear view that it is yet to be ascertained that if he can ultimately be held liable for such an offence. His case, therefore, is covered under subsection (2) of section 497, Cr.P.C. Calling for further inquiry into his guilt. He is stated to be behind the bars for the last more than nine months and a previous non-convict, which has not been controverted by the other side.
6. In such circumstances of the case, I accept this petition' and admit him to bail subject to his furnishing bail bonds in the sum of B Rs,1,00,000 with two sureties each in the like amount to the satisfaction of the learned trial Court.