Rashid Aziz Khan, J.- Muhammad Boota petitioner seeks bail in a case registered against him and some others, with Police Station Saddar Chiniot, District Jhang under section 379 PPC, vide FIR dated 25.2.1989. The allegations as contained in the FIR lodged by Aziz Anjum, SDO, are that some work with regard to the laying of electric cables was being done by the WAPDA and for that reason they had placed high-tension wire at different points. Certain Wapda employees were also deputed to look after the said wire. On 23.2.1989, the first informant was told that some of the high- tension wire was missing. He went to the spot for physical checking and it transpired that the wire worth Rs.10 lac was short, on the basis of which the present case was got registered. Learned counsel for the petitioner contends that the petitioner is neither named in the FIR nor he was ever deputed for keeping a watch on the said wire, therefore, his involvement in the commission of the offence is not proved. Submits that during investigation the police has not been able to collect any evidence which could connect him with the commission of the offence. The petition has been opposed by learned counsel for the State.
2. I have heard the learned counsel. The petitioner is not named in the FIR nor from the perusal of the FIR it is clear in what capacity he is connected with the commission of the offence. According to the police file, the petitioner gave a cheque for Rs.2,93,000/- to the investigating agency which, according to it, was a part of the price of the wire stolen. I am afraid the payment by cheque would not connect the petitioner with the commission of the offence as it cannot be termed to be recovered at the instance of the petitioner. So far no other evidence which could remotely connect the petitioner with the said offence, has been collected. In these circumstances, the petitioner is allowed bail provided he furnishes security in the sum of Rs. 1,00,000/- (Rupees one lac) with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Jhang.
I am informed that the case has been transferred to CIA, Faisalabad. In case some evidence is made available against the petitioner, the State may move an application for the cancellation of the bail. Copy Dasti on payment of usual charges.