' A case vide F.1.R. No, 15, dated 15-1-1977 was registered under sections 406 and 420, P.P.C. Against Mr. Muhammad Jameel and others on the allegation that the complainant Muhammad Aslam son of Muhammad Ibrahim had deposited some jewellery weighing about 13 Tolas and 6 Mashas on 29-7-1976 and 5 Tolas and 6 Mashas on 4-6-1976 belonging to one Sanaullah son of Bahadur An with Manzoor Hussain son of Noor Muhammad accused as security for cash loan of Rs,1,800 and Rs,2,500. On 22-11-1976, Muhammad Aslam complainant redeposited the said amount with Manzoor Hussain accused alongwith interest thereon and demanded back the jewellery which he had pledged as security with him. Manzoor Hussain put off the matter on one pretext or the other.
After some time Manzoor Hussain accused informed Muhammad Aslam complainant that the jewellery belonging to him was in fact deposited with the Sahookara Bank which was a money lending firm and they have not so far returned the said gold ornaments. Manzoor Hussain accused was the Manager of the said Bank while Muhammad Aslam petitioner and others were proprietors of the said Bank. It was, therefore, alleged that the petitioner and his co-accused have misappropriated the golden ornaments and other jewellery valuing about 25 lacs of Rupees.
2. The petitioner Muhammad Aslam after registration of the case, apprehending his arrest moved an application for his anticipatory bail but that was dismissed on the statement of the Investigating Officer that no case was made out against Muhammad Aslam petitioner and that he was not required to be arrested by the Police. The petitioner has now moved this petition for bail alleging therein that after many months thereafter the police challaned him in the said case but placing his name in column No,2 of the challan. The learned trial Court has issued non-bailable warrants for his arrest. Hence this petition for bail before arrest.
3. 1 have gone through the record of the case and heard the learned counsel for the petitioner as well as the learned counsel for the State. The petitioner Muhammad Aslam has not been named as an accused person in the challan. The foot-notes in Register No, 1 of Police Station, pertaining to F.I.R. Also does not contain the name of the petitioner as an accused person in this case. A perusal of the report under section 173, Cr.P.C. Dated 22-6-1980 indicates that Muhammad Aslam, Maqsood and Yaqoob were found innocent during investigation. It appears that the petitioner has not been challaned either in column No,2 or column No, 3/4 of the challan. In view of this the interim bail before arrest allowed to the petitioner is confirmed.
Anticipatory .