SAGHEER AHMED QADRI, J. - Petitioner Hameed Khan has moved this petition for grant of pre-arrest bail in case F.I.R. No 381 of 2012, dated 21.09.2012 registered under Section 379, P.P.C, at Police Station Khuddian, District Kasur allegedly for haying committed theft of agricultural equipment valuing Rs'.
1,00,000/- in connivance with his co-accused.
2. Learned counsel for the petitioner contends that allegations against the petitioner are false,. He has not committed any offence; that petitioner filed ah application against the complainant on 1.9.2012 and due to that reason , instant case has been got lodged against him; that only on the alleged information provided by co-accused Sharif Masih and Just Masih it was alleged that the alleged theft Was committed by the petitioner but both of those accused so far have not been arrested: that except that alleged information no other evidence is available on' record to connect the petitioner with the commission of alleged offence; that except the statement of co-accused, who so far have not been arrested, no evidence is available on record, hence, case of petitioner requires further probe falling under Section 497(2), Cr.P.C. Even otherwise, mala tides are also reflected, hence, prayed that pre-arrest bail already granted to the petitioner vide order dated 8.11.2012 be confirmed.
3. Complainant although was telephonically informed by Muhammad Riaz, ASI, which fact is submitted before the Court in writing, but he did not appear. Learned DPG, on the other hand, on the basis of available record although has opposed the bail application, however, admitted that so far Sharif Masih and Just Masih have not been arrested and alleged recover at the instance of co- accused Muhammad Yasin was effected from the shop of said persons.