1. Tanveer Ahmad Khan, J. The petitioner Mukhtar has applied for pre-arrest bail in a case registered against him vide FIR No.405 at Police- Station Kothala Shcikhan, District Gujrat on 14.8.1988 under section 379 PPC.
2. The facts necessary for the disposal of this petition arc that Crl.Misc. 127-H-87 was filed in this Court for the recovery of the present petitioner from the illegal detention of SHO, Police-Station Kothala Shcikhan on 21.2.1989. Accordingly a bailiff was detailed, who reported on 22.2.1989 that the alleged detenu was kept at Police-Station and according to the SHO he had just been called as a suspect in the theft case No.405 dated 14.8.1988. However, the arrest of the aforesaid detenu was not found in any paper and according to the petitioner he was detained illegally since 15.2.1989. The habeas corpus petition was disposed of by setting the present petitioner at liberty. Subsequently Mukhtar petitioner moved the bail application before this Court. The interim bail was granted to him on 22.2.1989. Today the Investigating Officer has appeared along with record. He states that the complainant of case No. 405 has shown his suspicion regarding the petitioner respecting the theft of his OX earlier taken place and a Zimini dated 10.2.1989 was already recorded to that effect.
3. There is nothing else on record to connect the present petitioner with the alleged case of theft of ox respecting which FIR was recorded on 14.8.1988. It is pertinent to mention here that this aforesaid case was registered on 14.8.1988 for an occurrence alleged to have taken place three months ago.
4. In the circumstances of this case I confirm the interim bail already granted to the petitioner.