Abdul Razzaq alias Kora, the petitioner seeks pre-arrest bail in case F.I.R. No, 67/2018 dated 6.2.2018, under Sections 457, 380, P.P.C., registered at Police Station Shaher Sultan, Muzaffargarh.
2. Allegedly, the petitioner alongwith his co-accused committed theft.
3. After hearing the learned counsel for the parties and perusing the record, it was noticed that there was inordinate/ unexplained delay of about one month in lodging the F.I.R. No direct evidence was available with the complainant. The case of prosecution entirely rests on the circumstantial evidence. The statement of foot tracker was also not recorded during the investigation. No recovery was effected from the petitioner by the Investigating Agency. One of his co-accused was admitted to post-arrest bail. It is difficult for the accused to prove the element of mala fide, at this stage, through positive/solid evidence/material, therefore, the same was to be deduced and inferred from the facts and circumstances of the case and that where events or hints to such effect are available, same would validly constitute the element of mala fide. The petitioner pleaded mala fide in his application. There was no allegation of the misuse of ad - interim pre-arrest bail.
4. For the reasons mentioned above, the application is accepted and ad-interim pre-arrest bail earlier granted to the petitioner is confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court/duty judge.