Through this petition under Section 497 Cr.P.C. petitioner Muhammad Sagheer has sought post-arrest bail in case FIR No. 694 dated 07.11.2019, in respect of offences under Sections 395 & 412 PPC, registered at Police Station, Shah-Jamal, District Muzaf fargarh.
2. The allegation against the petitioner is that in the intervening night of 3/4.1 1.2019 he alongwith his one nominated and three unknown accused persons, while armed with pistols, trespassed into the house of complainant and snatched 'mobile, hard cash and some documents etc. from the complainant and his companions.
Hence, this case was registered.
3. I have heard learned counsel for the petitioner , learned Deputy Prosecutor General appearing for the State assisted by learned counsel for the complainant and perused the record with their able assistance.
4. It is evincing from the record that prior to the registration of this case, the petitioner got registerd a criminal case FIR No. 792 dated 20.10.2013, in respect of an offence under Section 382 PPC against a police constable namely , Akbar Dogar and others. The perusal of record further shows that mother of the petitioner namely , Zareena filed an application under Section 22-A Cr.P.C. before learned Ex-of ficio Justice of Peace, Muzaf fargarh wherein the police submitted false comments that case FIR No. 694/2019 has been registered against the petitioner on 04.11.2019, whereas, in fact on the said date no such case had been registered. Thereafter , father of the petitioner namely , Ghulam Shabbir , being aggrieved of his illegal detention, filed an application under Section 491 Cr.P.C. before the learned Sessions Judge and subsequently , the case was registered against the petitioner . Except the present petitioner , no other nominated accused in this case was arrested by the police, which prima facie shows that the petitioner has been booked as a counter blast at the behest the aforesaid police official. The petitioner was arrested in this case on 08.11.2019 and during investigation the recovery of hard-cash Rs. 85,000/-, being the snatched amount, has been shown from the petitioner after six days "of the occurrence, which can hardly be connected against him. The petitioner is behind the bars since his arrest i.e. 08.11.2019 without any substantial progress in the conclusion of trial. In these circumstances, further incarceration of the petitioner for an indefinite period would serve no useful purpose for the prosecution.
In view of what has been discussed above, the petition in hand is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum Rs. 100,000/- (rupees one lac) with two sureties in the like amount to the satisfaction of learned trial Court.