MIAN NAZIR AKHTAR, J.- The petitioner seeks bail in a case registered against him vide FIR No.402/93 dated 30.11.93 for offences u/ss. 397/411 PPC Police Station Liaquatabad, Lahore.
2. The case was registered on a report lodged by Omar-ul-Zaman who stated therein that he had parked his car in front of the outer gate of hs house which was stolen during the night. The Chaukidar informed the complainant about the theft of the car. He expressed suspicion that this car was stolen by the petitioner and Javaid Masih son of Janson Masih. During the course of investigation, the petitioner and his co-accused were allegedly found sitting in the car which was recovered from them on 1.12.93.
3. The petitioner's learned counsel submits that in fact the petitioner works as a Weeder and had prepared steel-windows, doors etc. For the complainant's house. The complainant had to pay balance amount of Rs. 115,000/- to the petitioner whereupon a dispute arise which was once discussed in a Punchayat. The complainant involved the petitioner in the present case to silence him. He further submits that the petitioner is a respectable person enjoying good reputation as is clear from the certificates annex C and D attached with the present petition. He next submits that the recovery of the car was said to have been made jointly from the two accused and has no legal value. The State counsel opposes the grant of bail on the ground that the petitioner's name was mentioned in the FIR and that the recovery was affected from him.
4. The petitioner was implicated in the case only on account of suspicion. It was not mentioned in the FIR that the Chaukidar had an occassion to have a glimpse of the culprits so as to justify the suspicion against the petitioner. At any rate, the offence does not fall within the prohibition of Section 497 Cr.P.C. The alleged recovery has already been made and the petitioner is no longer required for further investigation. The I.O. Present in the Court has stated that the petitioner also owns a car and belongs to a respectable family. The State did not express any apprehension that the petitioner would abscond, commit any other offence or tamper with the prosecution evidence.
5. Therefore, this petition is accepted the petitioner is allowed bail subject to his furnishing bail bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of A.C/Duty Magistrate, Model Town, Lahore.