TANVIR AHMAD KHAN J:-The petitioner has applied for post arrest bail in a case registered vide FIR No.128/89 under sections 399/402 PPC at Police- Station Narang.
2. The prosecution case in brief is that on a secret information/complaint SHO with his subordinates raided the place of occurrence where he found the petitioner alongwith 4 co-accused having different weapons in their hands. It was suspected that they were there to commit a dacoity. The petitioner Shaukat Ali was alleged to have been armed with a l2 bore gun.
3. Learned counsel has argued that the petitioner is behind the bars for the last more than 14 months. The other 4 co-accused, who were attributed similar role, had already been released on bail. An argument has also been advanced that the petitioner has wrongly been dubbed as a desperate/hardened criminal while according to the learned counsel he was falsely involved in seven cases bearing Nos.160/85, 107/85, 109/85, 111/85, 112/85, 115/85 & 121/85 registered at Police- Station Narang under section 411 PPC and had already been acquitted in those cases.
4. Learned State counsel has opposed the grant of bail. However, he could not refute the assertion of the learned counsel for the petitioner respecting his acquittal from the aforesaid seven cases. He maintains that five cases of Arms Ordinance and certain other theft cases are still pending adjudication against the petitioner.
5. I have considered the contentions of the parties. The co-accused, who were attributed similar role, have already been released on bail. The petitioner is in Jail for the last more than 14 months and his further incarceration would not advance the cause of justice. In this view of the matter, I admit the petitioner to bail in the sum of Rs.30,000/- with two sureties each in the like amount to the satisfaction of A.C/Duty Magistrate, Sheikhupura.