1. Through this petition filed under Section 497, Cr.P.C. the petitioner seeks post arrest bail in case FIR No, 507 of 2010 dated 26.10.2010 for offences under Section 394/411, PPC registered at Police Station Mitroo District Vehari.
2. According to the FIR the complainant was traveling along with his brother in law and wife when he was way laid by two unknown persons who deprived him of his Mobile Phone and Rs, 7000/- in cash. One of the accused person fired at and injured Nazeer Ahmed who was accompanying the complainant. Similarly, the wife of the complainant also sustained an injury on her left foot.
3. The learned counsel for the petitioner submits that the petitioner has not been nominated in the FIR. No description of the accused persons have been given in the FIR. No identification parade was held to connect the petitioner with the commission of offence.
4. The learned Deputy Prosecutor General while opposing the petition submits that the petitioner has been charged with an offence that falls within the prohibitory clause of Section 497, Cr.P.C. That a pistol .30 bore, Mobile Phone and Rs, 3000/- cash stated to have been snatched from the complainant have been recovered from the petitioner. The petitioner has been found to be guilty during the investigation which has been conducted.
5. Respondent No, 2/complainant has not entered appearance in spite of being informed by Naveed S.I. about the fixation of the case.
6. A bare reading of the FIR would show that the petitioner has not been nominated. No salient features of the accused persons with regard to their build, height or complexion have been given in the FIR. No identification parade was held to connect the petitioner with the commission of offence.
7. This makes it a case of further inquiry.
8. The upshot of the above discussion is that this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.