Through this petition under Section 497, Cr.P.C. petitioners Izhar alias Khani and Shehzad Abbas have sought post arrest bail in case FIR No, 701 dated 30.11.2016, in respect of offences under Sections 392 & 411, PPC, registered at Police Station, Muzaffarabad District Multan.
2. The crime report contains the allegation that on 28.11.2016 at about 9:00 a.m., three unknown accused persons waylaid the complainant's son namely Nasir aged 13-years and snatched motorcycle from him on gun point. Hence, this case was registered.
4. I have heard learned counsel for the petitioner, learned Deputy District Public Prosecutor appearing for the State assisted by learned counsel for the complainant and have perused the record with their able assistance.
5. Admittedly, this case was registered against three unknown accused persons and no feature of the accused persons has been mentioned in the crime report. The petitioners were implicated in this case on the basis of their alleged extra judicial confession made during the investigation of case FIR No, 26 dated 24.01.2017, in respect of offences under Sections 392 & 411, PPC registered at Police Station Qutabpur. They were sent to judicial lockup for test identification parade but nothing is available on record to show that during test identification parade any specific role was assigned to them. During investigation, the recovery of a motorcycle has been shown to be recovered at the instance of petitioner Izhar. It has been apprised by learned counsel for the petitioners the petitioners have been involved in ten other cases during their custody out of which the petitioners have been recommended to be discharged in four cases whereas they have already been granted post arrest bail by the learned Court below in five other cases. Both the petitioners are minor being less than the age of 18-years and they are previously non-convict and non-record holder. The petitioners are behind the bars since their arrest i,e, 07.02.2017 without substantial progress in the trial and their physical custody is no more required to the police for the purpose of investigation.
In these circumstances, the case of the petitioners calls for further inquiry into their guilt within the ambit of sub-section (2) of Section 497, Cr.P.C.
In view of above, the petition in hand is allowed and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs, 100,000/- (rupees one lac) each with one surety each in the like amount to the satisfaction of the trial Court.