' QAISER RASHID KHAN, J.---Having failed to get the concession of bail from the learned lower fora, Irfan son of Muhammad Jan, accused/petitioner, has now filed the instant application for his release on bail in case F.I.R. No,17 dated 8-1-2012 of Police Station Cantt. D.I.Khan registered under sections 457/380/411, P.P.C.
2. According to the F.I.R., on 3-12-2011 complainant filed an application to the S.H.O Police Station Cantt: D.I.Khan to the effect that he was Incharge of Utility Store situated at Baran Abad, D.I.Khan; that on 2-12-2011, he closed the store in the evening time and went home and on 3-12-2011 at 8-45 a.m. When he opened the store, he found a hole in the roof of the store wherefrom unknown thieves had entered, broken the safe and decamped with Rs,1,03,640. His application was entered in daily diary No, 12 and on the same, an inquiry under section 156(3), Cr.P.C. Was conducted. During the course of inquiry accused/petitioner, who was arrested in another case and being interrogated, disclosed that he along with other co-accused had committed theft in the store and from his possession his share of the looted amount was also recovered. Thereafter, the ibid case F.I.R. Was chalked out against the accused.
3. The accused/petitioner after his arrest moved bail application before the learned Judicial Magistrate-I, D.I.Khan which was dismissed on 19-1-2012 and then his application for the same relief, was also turned down on 6-12-2012 by the learned Additional Sessions Judge-V, D.I.Khan, hence the instant bail application.
4. Learned counsel for the accused/petitioner argued that the accused/petitioner has been falsely charged in the matter as it was an unseen midnight occurrence and even the report was made by the complainant after a considerable delay; that as against the alleged theft of Rs,1,03,640, a sum of Rs,20,000 recovered from the accused/petitioner has been termed as the theft amount; that despite the police custody no confession was recorded by the accused/petitioner; that the sections of law mentioned in the F.I.R. Are not attracted to the facts and circumstances of the case and the matter squarely falls within the ambit of further inquiry.
5. Learned A.A.-G. Assisted by the learned counsel for the complainant strongly opposed the bail petition of the accused/petitioner and argued that it was registered after proper inquiry, when it was revealed that theft had been committed by the accused/petitioner along with co-accused; that the recovery of Rs,20,000 effected from the accused/petitioner shows his involvement in the commission of theft and thus he is not entitled to the concession of bail.
6. Arguments heard and record perused.
7. As per record, the theft in the Utility Store was committed somewhere in the thick of the night on 2/3-12,1011. Whereas the complainant came to know about the same after opening the store at 8- 45 a.m. Early morning, he lodged the report after a delay of over eight hours at 1710 hours and thus consultation and deliberation cannot be ruled out in such matter though no one was nominated therein. The complainant in his report had only mentioned the commission of theft of the said amount, but in the statement of the accused/petitioner recorded under section 161, Cr.P.C. Even stealing of two cartons of ghee, biscuits, black tea, shampoo and soap etc. Have also been attributed to the accused/petitioner thus casting doubts over the contents of the report. The alleged recovery of Rs,20,000 from the accused/petitioner alone does not per se show his involvement in the commission of the offence, but certainly makes it one of further probe entitling the accused/ petitioner to the concession of bail.
8. The application is accordingly accepted and the accused/ petitioner is admitted to bail in the sum of Rs,1,00,000 with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate.
9. Above are the reasons for my short order of even date. The observations made in this order are tentative in nature and should, in no way, prejudice the proceedings during the trial of the case.