MIAN SHAKIRULLAH JAN, J. -- The prosecution has levelled allegations against the petitioner that he was involved in committing theft in respect of electric wires of Railway lines and a case under Section 379, PPC was registered.
2. There is nothing on the record as he has neither been seen while committing offence and cutting of wires or stealing the same nor the sarge have been recovered from him and the only evidence which has been collected by the prosecution is that certain tools used for cutting of said wires have been recovered from him. The case property i,e,, electric wires, have been recovered from his co-accused who has already been released on bail and against whom no application for cancellation of bail has been moved by the prosecution. The other evidence which is in the hands of the prosecution is the statement recorded under Section 164, Cr.P.C: of the accused involving him, the evidentiary value of which is still to be seen during the trial.
3. In view of the above facts and circumstances of the case, we are of the view that the petitioner is also entitled to the concession of bail. Resultantly, while converting this petition into appeal and allowing the same, the petitioner is granted bail provided he furnishes bail bonds in the sum of Rs, 2,00,000/- with two sureties in the like amount to the satisfaction of the Trial Court. He be released forthwith if not required in any other case.