Through this petition under section 497 Cr.P.C. the petitioner has sought post-arrest bail in case FIR No.205/15, dated 11.06.2015 registered at Police Station Pindigheb, District Attock in respect of of fences under sections 395, 412 PPC.
2. I have heard the learned counsel for the petitioner , learned Deputy Prosecutor General and learned counsel for the complainant and have also gone through the record with their able assistance. It has been noticed by this Court that the petitioner is not named in FIR; he has been involved in the instant case by the complainant through supplementary statement after three days of occurrence which has got no value in the eyes of law. Moreover no source of information has been disclosed by the complainant as to how he came to know about the involvement of petitioner in this case. It is settled law that whenever accused is not named in FIR, identification parade is mandatory , but in this case no identification parade has been conducted. Reliance can be placed upon 1997 SCMR 971. Admittedly , the petitioner is previous non-convict. Mere registration of cases without conviction is no ground to refuse bail, if otherwise, accused become entitled to the concession of bail. The evidentiary value of recoveries would be considered by learned trial Court after recording evidence. A co- accused of the petitioner namely Liaqat has been exonerated by the complainant, which fact casts serious doubt qua the prosecution case. The petitioner is in jail for the last more than seven months. Investigat ion of the case is complete and he is no more required for further investigation, therefore, further incarceration of the petitioner in jail would not serve any useful purpose.
3. For what has been discussed above, the case against the petitioner become one of further inquiry into their guilt covered by sub-section (2) of section 497 Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail after arrest subject to furnishing bail bonds in the sum of Rs.200,000/- (Rupees two hundred thousand only) with two sureties each in the like amount to the satisfaction of learned trial court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.