' SYED IFTIKHAR HUSSAIN SHAH, J -- Habib Ullah, the accused-petitioner seeks his post-arrest bail in case F.I.R. No, 15-2012, dated 14.1.2012, registered under Sections 395 and 412, PPC at P.S. City Liaquatpur, District Rahim Yar Khan.
2. The allegation against the petitioner is that during the night 13/14.1.2012 at 1.30 a.m. He alongwith his co-accused while armed fire-arm entered into the house of the complainant and over- powered him and deprived him from gold ornaments weighing 12 tolas, net cash of Rs, 1,00,000/- and two mobile phones.
3. The learned counsel for the petitioner has contended that case against the petitioner is false and fictitious one; that he is not nominated accused of the FIR., but he has allegedly been implicated in this case during the identification parade without assigning any reason; that nothing has been recovered from, therefore, case of the present petitioner is of further inquiry and he is entitled to the concession of bail.
4. This application has been opposed from the complainant side and it is contended by learned Deputy Prosecutor General that on 28.4.2012 the complainant has got no ulterior motive to falsely implicate present petitioner in this case, who trespassed into the house of the complainant and was identified as real culprit during the identification parade; it is also contended that he is involved in another case of similar nature; that sufficient incriminating evidence is available on record against the petitioner to connect him with the serious commission offence, therefore, the petitioner is not entitled to the concession of bail. However, complainant has not appeared in spite of his personal service.
5. Arguments heard and record perused.
6. The petitioner is not nominated accused of the F.I.R. He was allegedly arrested under Section 54, Cr.P.C. And was sent to jail, wherein test identification parade was conducted in which the petitioner was identified by the complainant and one PW. The learned DPG after going through the record has informed that no specific role has been assigned to present petitioner in the test identification parade. Nothing is recovered from the present petitioner in spite of the fact that he remained on physical remand of 12 days. The petitioner is previously non-convict. Mere registration of another case does not deprive an accused person to claim bail. In these circumstances, case of the petitioner is of further inquiry.
Resultantly, the instant application is accepted and petitioner is admitted to bail in the sum of Rs, 2,00,000/- with two sureties each in the like amount to the satisfaction of learned Trial Court.