TANVIR AHMAD KHAN J, -The petitioners have applied for post arrest bail in a case registered under sections 365/382/411/368/148/149 PPC vide FIR No.603/89 dated 6.12.1989 at Police-Station Samundari District Faisalabad.
2. The prosecution case, as reflected in the FIR, is that the complainant's nephew Allah Ditta was going towards his house from his shop at Circular Road Samundari on a motorcycle. When he reached near the Bus Adda, petitioner No.1 alongwith Shaukat, armed with deadly weapons in the company of other two pers. Ms, stopped Allah ditta and snatched his motorcycle. One of them took the motorcycle towards Tandalianwala. Petitioner No.1 with other accused succeeded in forcibly pushing Allah Ditta in a car and took him also towards Tandalianwala. The petitioners were allowed bail by the learned Judicial Magistrate vide his order dated 10.4.1990. However, the same was cancelled by the learned Addl Sessions Judge, Faisalabad on 23.8.1990.
3. Now the bail has been sought on the ground that section 17/6/79 of Harrabah and section 364 PPC had already been deleted by the Investigating Agency through Zimini recorded on 28.3.1990.
As far as, petitioner No.2 Muhammad Ashraf is concerned, it is argued that he is neither named in the FIR nor any overt act has been attributed in him.
4. I have considered the contentions. Initially the case was registered under sections-382/365 PPC.
After Investigation, section 17/6/79 of Harrabah was added on 29.1.1990 and chahan was submitted on 6.2.1990. Petitioners' post arrest bail was dismissed on merits by the learned Addl Sessions Judge, Faisalabad on 25.3.1990. However, only three days after the dismissal of the bail application, the DSP deleted Sec.17/6/79 of Harrabah without recording any further evidence. This was the reason that the learned Addl Sessions Judge while dismissing the subsequent bail application on 23.8.90 termed such an investigation as a malafide one. Prima-facie the petitioner No.1 is fully implicated in the case as not only incriminating weapon but also motorcycle had been recovered from his possession. This being the situation I am not inclined to release him on bail simply on the ground that section 17/6/79 of Harrabah has been deleted by the Investigating Agency in the manner stated above.
5. However petitioner No.2 Muhammad Ashraf is not named in the FIR and no overt act has been attributed to him. He is admitted to bail in the sum of Rs.20,000/- with two sureties each in the like amount to the satisfaction of A.C/Duty Magistrate, Faisalabad.