' MUHAMMAD TASNIM, J.- Applicant is arrested in F.I.R No, 223 of 2011, under section 392, 395, 34 P.P.C., Police Station Zaman Town. In the first place applicant approached the learned trial Court for his bail, but the bail application was dismissed per order dated 23-7-2011. Feeling aggrieved against the aforesaid order, present bail application has been filed.
2. Facts, as setout in the F.I.R, are that Manager of Integra Auto motives (Pvt.) Company Ltd., who manufactures grills of radiator wherein copper and steel is used. It is stated in the. F.I.R that on 30- 4-2011 complainant received telephone call from Zaman Town Police that an offence has been committed in the factory. It is further stated that after informing the owners of the factory, complainant reached the factory and on checking it was found that locks of the go down were broken and raw material namely Copper 4380 K.G. And steel 30 K.G was missing. The security guard present in the night stated that four armed persons entered in the factory from unknown place and after overpowering the chowkidars tied their hands and blindfolded them. It is further stated that chowkidar was not aware as to which vehicle was brought into the factory for loading and taking away the material stated hereinabove. It is further stated that chowkidar of the factory so also chowkidar of neighboring factory were confined in go down, in such circumstances, F.I.R.
Was lodged.
3. Learned counsel for the applicant has submitted that neither names of the accused persons have been mentioned nor any description has been mentioned in the F.I.R. Learned counsel further submitted that F.I.R was registered on 30-4.-2011, whereas present applicant was arrested on 28-5- 2011 and from his house only Rs,30,000 were recovered and no stolen articles were recovered from the present applicant. He further submitted that in the F.I.R four persons are alleged to have committed offence, but prosecution has challaned as many as fifteen accused persons in this case. Learned counsel further submitted that there is no material available against present applicant/ accused to connect him with the commission of offence. He further submitted that this is a case where further enquiry is called for Learned counsel further submitted that applicant be enlarged on bail.
4, On the other hand learned A.P.G. Has vehemently opposed the grant of bail and has submitted that there is ample material with the prosecution which connects the present applicant with the commission of offence. He also submitted that fifteen accused persons have been shown in the challan, because purchaser of the stolen articles have also been cited accused persons. Learned A.P.-d. Submitted that applicant may not be enlarged on bail.
5. I have heard the learned counsel for the parties and have perused the record.
6. It is admitted position that neither the name of any accused person is mentioned in the F.I.R., nor the descriptions of any accused person have been shown. It is also admitted position, as per F.I.R, that chowkidars were blindfolded and they did not know in which vehicle accused persons had come and committed offence. At the bail stage deeper appreciation of the record cannot be gone into, but only tentative assessm ent is to be made of the record collected by the prosecution just to find out as to whether applicant/accused is connected with the commission of offence or not.
From the perusal of the record of the case in hand, it appears that this case required further enquiry for the aforesaid reasons in terms of subsection (2) of section 497, Cr. P: C. Accordingly, present applicant is admitted to bail on his furnishing surety in the sum of Rs, 1,00,000 (Rupees One Lac) and P.R bond in the like amount to the satisfaction of learned trial Court.
7. Bail application is disposed of in the above terms.