' MUHAMMAD YAWAR ALI, J.---Through this petition filed under section 497, Cr.P.C, the petitioner Mushtaq Ahmad seeks post arrest bail in F.I.R. No,663/2012 dated 9-10-2012 for offence under sections 395, 412 P.P.C. Registered at Police Station Gulgasht, District Multan.
2. No one has entered appearance on behalf of the complainant in spite of being informed about the fixation of the case by Nazim Ali, S.I. Present in Court.
3. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely roped in this case by they complainant with mala fide intention and ulterior motives. The F.I.R. Has been lodged with an inordinate delay. A co-accused Muhammad Sajid has earlier been allowed bail by the learned trial court on 16-2-2013. The petitioner is a previous non-convict no more required for further investigation of the case.
4. The learned Deputy Prosecutor General has vehemently opposed this petition submitting that the petitioner is named in the F.I.R. And has been found to be guilty during the investigation which has taken place. The petitioner has not only been named in the F.I.R. But has also been duly identified try the prosecution witness Azhar Abbas during the identification parade which was held on 1-11-2012. The petitioner is a member of a notorious criminal gang, hence he is not entitled to the concession of bail.
5. After hearing the arguments advanced by the learned counsel for the petitioner, the learned Deputy Prosecutor General and going through the record, it is clear that the F.I.R. Has been lodged with an inordinate delay for which no plausible explanation is forthcoming. The offence is stated to have taken place on 24-9-2013 whereas the F.I.R. Was lodged with a considerable delay on 9-10- 2013. A co-accused Muhammad Sajid with a similar role has earlier been allowed bail by the learned Magistrate Section 30, Multan on 16-2-2013 after a compromise had been effected between the co-accused Muhammad Sajid and the complainant. If the complainant enters into a compromise with a co-accused to whom a similar role has been attributed then the petitioner would also be entitled to the benefit of grant of bail in terms of law laid down by this Court in Muhammad, Ijaz v. The State 2008 YLR 2585. An assertion made by the learned counsel for the petitioner that the petitioner is a previous non convict has not been negated by the learned Deputy Prosecutor General. As challan has been submitted before the learned trial Court it can be inferred that the petitioner is no more required for further investigation of the case.
6. For what has been stated above, this petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,2,00,000 (Rupees two hundred thousand) with two sureties in the like amount to the satisfaction of the learned trial Court.