Rashid Aziz Khan, J.- The petitioners seek bail in a case registered against them with Police Station Saddar, Gujranwala, for an offence under section 457/380/411 PPC, vide FIR dated 23-3-1989.
According to the allegation in the Fir lodged by the first informant on 23-3-1989 is to the effect that he has a shop where he deals in the business of cloths. On 15-3-1989, at evening time he closed the shop and came home. In the next morning he found the clothes worth of Rs.2 lac were missing. He looked for the cloths as well as for the accused. He has strong suspicion that the petitioners had committed the offence.
It is contended by learned counsel for the petitioners that there is an unexplained delay of eight days in the registration of the case. Submits that there is no evidence against the petitioners except for suspicion. Contends j that even if it is accepted that the recovery of cloths were at the instance of the petitioners, at its best it would be a case of section 411 PPC. The peition has been opposed by learned counsel for the State.
2. I have heard learned counsel and perused the record. So far the police has not been able to collect any evidence which could show the involvement of the petitioners in the commission of the offence of the thef. The recovery of cloths at the instance of the petitioners would attract section 411 PPC which does not fall in the prohibitory clause, therefore, the peitioners are allowed bail in the sum of Rs. 30,000/- each, with two sureties, each in the like amount, to the satisfaction of Assitant Commissioner/Duty Magistrate, Gujranwala.