Through this petition under section 497 Cr.P.C. the petitioner has sought bail after arrest in case FIR No.145/15, dated 02.06.2015 registered at Police Station Choa Saidan Shah, District Chakwal in respect of offences under sections 392, 411 PPC.
2. I have heard the learned counsel for the parties and have gone through the record with their able assistance. This is bail after arrest and only tentative assessment is allowed at this stage . It has been noticed by this Court that the petitioner is not named in the FIR. He has been involved in this case on the basis of supplementary statement, got recorded by the complainant with the delay of one day. Admittedly no identification parade was conducted in this case which is a mandatory provision when the accused is not named in the FIR. Reliance can easily be placed upon 1997 SCMR 971. It is also an admitted fact that Amjad Ali co-accused, whose role is quite identical to that of the petitioner has already been allowed bail after arrest by this Court vide order dated 28.01.2016, so keeping in view the rule of consistency , the petitioner is also entitled for the same treatment. The evidentiary value of the recoveries, allegedly effected from the petitioner , shall be determined by the learned trial court after recording evidence. The petitioner is previous non-convict. He is behind the bars since his arrest without any fruitful progress in his trial. The investigation of the case is complete and he is no more required for further investigation, so his further incarceration in jail would not serve any useful purpose. Mere heinousness of offence is no ground to refuse bail if otherwise the accused becomes entitled to the concession of bail.
3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by sub- section (2) of section 497 Cr.P.C. This petitio n is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs.1,00,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned Trial Court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.