Petitioner namely Muhammad Hussain alias Fouji, seeks post arrest bail in case FIR No, 507/08 dated 22.11.2008 offence under Sections 395/412 PPC registered at Police Station Sadar Mian Channu, District Khanewal. Allegation against the petitioner as per FIR is that the petitioner along with co-accused armed with firearm committed docaity and snatched Rs,700,000/- and mobile phone from the complainant.
2. Learned counsel for the petitioner in support of this petition contends that the petitioner is an innocent person and has falsely been implicated in this; though he is not nominated in the FIR yet has been involved in a supplementary statement with mala fide intention; no recovery has been affected from him and if any recovered, that is planted one; the petitioner is behind the bar for the last 17 months and no more required for the purpose of investigation; the charge against him is groundless and the case of the petitioner is of further inquiry, therefore, the petitioner is entitled for post arrest bail.
3 & 4. On the other hand, learned DPG opposes the bail petition; however, he admits that it has not been established during the course of investigation, whether the amount of Rs,700,000/- was in possession of the complainant on the day of occurrence.
5. Heard, record perused.
6. The Police Officer/Investigating Officer, present in Court, states that, only Rs, 10,000/- has been recovered from the petitioner whereas the allegation of robbery is Rs,700,000/-. Mobile phone has also not been recovered from him. The complainant has firstly mentioned in the FIR that he possessed Rs,700,000/- with him but he failed to establish this aspect during the investigation; however, it will be decided after recording of evidence and at this stage, I refrain myself from discussing the case on its merits lest it prejudice the case of either party and, as such, the case of the petitioner is one of further inquiry within the ambit of sub-section (2) of Section 497 Code of Criminal Procedure. In this view of the matter, this petition for the grant of post arrest bail is allowed. The petitioner shall be released on bail subject to furnishing bail bond in the sum of Rs, 100,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the learned trial Court.