KH. IMTIAZ AHMAD, J. - The petitioners seek their post arrest bail in a case registered against them vide F.I.R. No. 167, dated 20.4.2010 under Sections 457, 380, 411, P.P.C. At Police Station Sarai Sidhu, District Khanewal.
2. The learned counsel for the petitioner contended that perusal of the F.I.R itself shows that the alleged theft has not been completed and prior to it, the petitioners were apprehended. Further contended that there is no detail of the alleged property, which the petitioners wanted to take away and that the case of the petitioners is of further inquiry. Further contended that the petitioners are behind the bars for about six months but there is no progress in the case and even not a single witness has been recorded.
3. On the other hand, learned D.P.G. Opposed the petition and contended that the petitioners are nominated in the F.I.R. And the stolen property was scrap and the offence under Section 457, P.P.C.
Under the prohibitory clause.
4. Arguments heard. Record perused.
5. Admittedly in the F.I.R., there is no detail of the property which petitioner wanted to take away.
Even it is not clear that whether the petitioners were apprehended from outside the said scrap store or from inside the store. .Thus on this aspect, the case of the petitioners definitely requires further inquiry. The challan has been submitted in the Court but often even lapse of about six months, not even a single witness has been recorded.
6. For the foregoing reasons, this petition is allowed and the petitioners Naseer Ahmad and Muhammad Saeed are admitted to bail subject to their furnishing bail bonds in the sum of Rs.
1,00,000/- (Rupees one Lac only) each with one surety each in the like amount to the satisfaction of the learned Trial Court. Bail after arrest granted.