ALI BAQAR NAJAFI, J. --- The petitioner, through this petition, seeks post-arrest bail in case F.I.R. No. 70, dated 24.02.2012 under Sections 395/412 of the Pakistan Penal Code, 1860, registered at Police Station Saddar Mian Channu, District Khanewal.
2. Precisely as per F.I.R. is that on the night of 23.02.2012 at about 3:00 a.m. the complainant alongwith others was on duty at Mian Channu Tool Plaza. 6/7 unknown persons with muffled faces armed with fire-arms straight fired upon the complainant party and broke the cash box, deprived the complainant of cash of Rs. 77810/- and fled away from the scene of occurrence.
3. The learned counsel for the petitioner contends that the petitioner is not named in the F.I.R. and he was involved later an, on the basis of supplementary statement, which have no value in the eyes of law; that no identification parade was conducted; that nothing has been recovered from the petitioner; that the petitioner is previous non-record holder and non-convict; that the petitioner is in the judicial lock-up since 13.04.2012 and is no more required for the purpose of investigation, hence the petitioner is entitled to the concession of bail.
4. Conversely, the learned D.P.G. has vehemently opposed the prayer for grant of bail by submitting that although the petitioner is not named in the F.I.R. yet he is involved on the basis of supplementary statement recorded later on; that recovery of Rs. 1,000/- has been made from the petitioner. hence the petitioner is not entitled to the concession of bail.
5. I have heard the learned counsel for the parties and perused the available record.
6. No identification parade has been conducted to identify the assailants. The petitioner is involved on the basis of supplementary statement recorded later. Although recovery of Rs. 1000/- has been made from the petitioner yet the learned counsel for the petitioner has serious objection on it. In this view of the matter case of the petitioner is one of further inquiry. Further incarceration of the petitioner in jail will not serve any useful purpose of the prosecution. At the most, if recovery is believed, prima facie, case under Section 411, P.P.C. is made out which involves punishment for three years and does not fall within the prohibitory clause of Section 497, Cr.P.C.
7. For what has been discussed above, this petition is allowed and petitioner is admitted to post- arrest bail in the sum of Rs. 1,00,000/ - with one surety in the like amount to the satisfaction of the learned Trial Court.