Muhammad Hasnain alias Hasni, petitioner seeks pre-arrest bail in case FIR No, 267 dated 4.6.2018 under Section 380, PPC registered at Police Station Jahanian, District Khanewal.
2. Allegedly, the petitioner committed theft.
3. Having heard the arguments addressed at the bar and after perusing the record it transpired that the FIR was registered with unexplained delay of about 19/20 days. No direct evidence is available on the file. No time of occurrence find mentioned in the FIR. The details of extra judicial confession cannot be gathered from the available material. The case of the prosecution rests only on the statement of the foot tracker having no formal qualification/ skill. The petitioner has joined the investigation and nothing was recovered from his possession. It is difficult to prove the element of mala fide by the accused through positive/ solid evidence/material and the same is to be deduced and inferred from the facts and circumstances of the case. The petitioner has joined the investigation and nothing was recovered from him. He has pleaded mala fide and there was no allegation of misuse of ad-interim pre-arrest bail against the petitioner.
4. For the reasons mentioned above the application is allowed and the 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 the learned trial Court / Duty Judge.