The petitioner seeks post arrest bail in case FIR No, 29 dated 21.1.2011, registered under Sections 392/411 PPC at Police Station Drahma, District D.G. Khan.
2. I have heard the arguments advanced by the learned counsel for the petitioner and the learned.
DPG for the State and perused the record.
3. As per allegations contained in the FIR Fayyaz driver of the complainant was going to Sanawan on Tractor No, 789/DGN on 20.1.2011 at about 8.30 p.m. when he was intercepted by three persons who were equipped with fire-arms and they were on motorcycle. They deboarded the driver Fayyaz from the tractor and took away the same along with Fayyaz. He was left in the sugarcane field after tying his hands and folding his eyes. Thereafter he was released. The FIR was lodged with a delay of one day. No identification parade was held. The petitioner was nominated in the supplementary statement on 30.1.2011 but no source of information was disclosed. Although the petitioner was alleged to be involved in five other cases but the Court has to evaluate the material on the record in the present case. The petitioner is in the judicial lock up for the last about seven months and the trial is not likely to be concluded in the near future. He is no more required by the police. He is not a previous convict. The bail cannot be withheld as punishment. The maximum sentence which can be awarded by the learned Judicial Magistrate is seven years as argued by the learned counsel for the petitioner. So on this score the case of the petitioner does not fall within the prohibitory clause of Section 497 Cr.P.C. It is a matter of further inquiry. The recovery of the tractor was allegedly effected from the petitioner but it is yet to be proved that he committed the offence under Section 392 PPC. Keeping in view the facts and circumstances of the case the petitioner is admitted to bail in the sum of Rs, 2.00,000/-(Rupees two lac) with one surety in the like