' WAQAR AHMAD SETH, Through this bail petition, petitioner Said Kamal son of Gul Badshah, seeks his release on bail in case FIR No. 891 dated 02.05.2016, charged under section 17(3) Haraba of Police Station Pahari Pura, which was refused to him by learned Additional Sessions Judge-V, Peshawar.
2. Arguments heard and record gone through.
3. Perusal of record reveals that initially complainant has charged unknown accused in the FIR dated 2.5.2016 for the commission of offence, however it was on 31.8.2016, when he recorded his statement under section 164, Cr.P.C. Has charged the present accused-petitioner along with his co-accused for the commission of offence. In the FIR complainant states that he can identify the accused-petitioners, if came before him, but during the identification parade conducted on 15.9.2016, both the complainant as well as the alleged eyewitness have failed to identify him.
Though, the recovery of pistol, alleged snatched money of rupees three lacs out of ten lacs have been recovered, but nothing in the shape of documentary is available on file to show that any sort of identification or whatever regarding the recovered money has been made. At present sufficient material is available on file which would make the case of present accused-petitioner is that of further inquiry. The accused-petitioner has been interrogated and investigation but nothing in the shape of confession has been brought on record.
4. For the reasons recorded hereinabove, this bail is allowed. Accused-petitioner be released on bail subject to furnishing bails bonds in the sum of rupees 4,00,000 with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate/MOD, who shall ensure that the sureties are local, reliable and men of means.
5. Needless to mention here that discussions made hereinabove are tentative in nature and shall not prejudice the case of either side at the trial.
5. These are the reasons vide short order dated 25.11.2016.