1. QAISER RASHID KHAN, J.- The petitioner seeks bail in case FIR No. 447 dated 11.12.2014 under sections 395 PPC, Police Station Rustam Mardan after being refused the said concession by the learned court below.
2. Arguments heard and available record perused.
2. As detailed in the FIR, on 11.12.2014,the complainant reported to the police that while he alongwith other inmates of the house were asleep, at 02:15 a.m, 6/7 persons duly armed entered his house and after tying their hands, they took away huge cash amount, laptop, LCD, a mobile set and ear-rings weighing one tola from the mother of the complainant and ID cards. The complainant then recorded his statement under section 164 Cr.P.C on 23.1.2015 and charged the accused-petitioner alongwith his co-accused for the commission of the offence. In the recovery memo, as against the recoveries of various items at the instance of the other co-accused, only a sum of Rs.5000/- was allegedly recovered from the residential room of the accused-petitioner. The mere recovery of such small amount from a person would not per se hold him to be linked with the commission of the offence as long as the same is not proved to be the stolen cash amount from the house of the complainant. More so, it was at the instance of the complainant through his statement under section 164 Cr.P.C when the local police spurred into action against the accused- petitioner. However, the complainant present in the court today alongwith his duly sworn affidavit (placed on file) states to have satisfied himself about the innocence of the accused-petitioner and expresses his no objection over his release on bail. Taking a tentative assessment of the available record coupled with the sworn affidavit of the complainant, the case of the accused-petitioner indeed calls for further probe into the matter and thus entitling him to bail.
3. Resultantly, this bail application is allowed and the accused-petitioner is granted bail provided he furnishes bail bonds in the sum of Rs.100000/- with two sureties each in the like amount to the satisfaction of the learned trial court concerned which shall ensure that the sureties are local reliable and men of means.
4. Before parting with this order, it is directed that any observations recorded in this order, being purely tentative in nature, should in no way prejudice the proceedings before the learned trial Court where the case be decided on its own merits after recording evidence.