1. ' The petitioner seeks bail in a case registered against him and some others with Police Station Civil Lines, Lahore, for an offence under section 392/420, P.P.C. The case was got registered by Muhammad Aslam Sheikh, Manager, National Industrial Co-operative Finance Corporation Limited, Hafizabad Branch. According to the F.I.R. One Muhammad Younas was friend of the first informant who came to him and said that he needed Rs,12 lacs just to show it to someone. The said Muhammad Younas is alleged to have said that the Manager could keep the money with him and after showing it he could bring it back. Therefore, on 19-3-1989, the first informant with Muhammad Younas came to Lahore and from the Head Office of the said Finance Corporation, secured a loan of Rs,12 lacs. Thereafter, the first informant sat in a car which they had hired from Hafizabad with Muhammad Younas. The amount was retained by the Manager. Muhammad Younas was alleged to have suggested that they should go to Shezan Hotel for having tea. While they were sitting in the hotel the petitioner Assad Abbas with one Arshad Abbas, residents of Imamia Colony and another person by the name of Mirza came there. After having tea all of them got into the car. They had hardly gone a short distance when the petitioner who was armed with revolver with Muhammad Younas threatened the first informant with dire consequences and snatched the hag which contained the amount. They pushed the first informant out of the car and threatened him that if he disclosed this fact to anyone he would be done to death. The first informant raised alarm which attracted Haji Muhammad Ashraf and Ghulam Rabbani to whom he disclosed the fact. They tried to follow the accused but failed.
2. ' It is contended by learned counsel for the petitioner that the case as disclosed by the first informant on the face of it appears to be false. Argues that the investigation has been completed, according to which a loan of Rs,12 lacs was given to Muhammad Younas. The amount was withdrawn from the concerned Corporation at Lahore and, thereafter, the same amount was entered at Hafizabad Branch. Argues that in these circumstances the amount being snatched from the first informant at Lahore would automatically he incorrect. Asserts that the said Finance Corporation had also issued notice to Muhammad Younas asking him to pay an amount of Rs,12 lacs, which had been advanced to him as loan. Submits that it is unimaginable that a person would try to rob his own money. Contentions have been opposed by learned counsel for the State as well as learned counsel for the Corporation.
2. I have heard learned counsel and gone through the police file with their assistance. The occurrence took place on 19-3-1989 on The Mall Road, Lahore, but the case was got registered on 21-3-1989. The delay of two days in the registration of the case has neither been explained in the F.I.R. Nor any explanation is available on the police file. It is strange that a Finance Corporation suffers a loss of Rs,12 lacs in robbery yet they sit over it for two days to decide to A get a case registered, especially when the accused persons were already very well-known to them as is apparent from the F.I.R. Where the names and residence of the accused are given. I had dismissed the application seeking bail of the petitioner earlier because at that stage investigation was not complete. Now investigation is complete. I have noticed that Rs,12 lacs were withdrawn from the Main Branch as a loan in the name of Muhammad Younas co-accused of the petitioner. The police during investigation had also taken into possession certain documents like application for loan to the co-accused of the petitioner, a promissory note executed by co-accused of the petitioner and a letter of, continuity. There is also a credit advice issued from the head office of the Corporation indicating that a loan of Rs,12 lacs, had been withdrawn by Manager Hafizabad Branch on behalf of Muhammad Younas as loan. The same amount was also entered at Hafizabad Branch in the ledger of the Corporation. The documents clearly indicate that the loan had been given in the name of co-accused of the petitioner and, in such circumstances, the question of robbing the same would not arise. When I dealt with the case of the petitioner earlier, at that time the police was not in possession of a letter written by Muhammad Aslant Sheikh, Manager, Hafizabad Branch, but in the subsequent application the letter had been produced before the Court, according to which the co-accused of the petitioner Muhammad Younas had sold his house for Rs,18 lacs but the purchaser wanted the same to be registered as Rs,30 lacs, therefore, the co-accused wanted Rs,12 lacs so that the amount of Rs,30 lacs be shown to the Registration authority. The reasons given in the above referred letter of the Manager Hafizabad Branch, on the face of it are not convincing. The co-accused of the petitioner had sold a plot, therefore, it was not his responsibility to show Rs,30 lacs before the Registration authority. It was the duty of the person who had purchased the same. Secondly for such a reason no Bank or Corporation would advance a loan.
3. On the last date I had asked learned counsel for the Corporation if they had issued notice to the co-accused of the petitioner asking him to repay the amount of loan which had been advanced to him, he had to accept the same. In these circumstances, if anybody who robbed the money, was Muhammad Younas co-accused of the petitioner who had neither lodged any case with the police nor filed any complaint for the said occurrence. As far as the case of the petitioner is concerned, the allegations against him are that he with his co-accused had robbed the amount of Rs,12 lacs.
4. ' For what has been discussed above, If feel it is a case of further inquiry, which entitles the petitioner to the grant of hail. Therefore, the petitioner is D allowed bail provided he furnishes security in the sum of Rs,2 lacs (two lacs) With two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Lahore.