ORDER NASIRA IQBAL, J.- Petitioner in this application under section 497 Cr.P.C, is named accused in FIR No.45 of 1994 registered at Police Station Chikrala, Tehsil & District Mianwali on 12-7-1994 at the instance of Atta Muhammad under sections 379, 342, 440,148/149 PPC and under section 14 of the Offences Against Property (Enforcement of Hudood) Ordinance 1979.
2. Learned counsel for the petitioner has argued that co-accused Akbar Gul has already been allowed bail by the learned Sessions Court, Mianwali, and allegations against the petitioner are of the same nature. The allegations against all the accused being that they had dismantled and removed material worth rupees three lac from MISSAN fort situated within the jurisdiction of Police Station Chikrala on 10-7-1994. Learned counsel contended that the FIR has been got registered with a delay of two days and FIR on the same occurrence had already been registered on 6-6-1994 that nothing has been recovered from the petitioner during the investigation except a rifle which has not been alleged to have been used in the present FIR; that the challan has been completed in this case and petitioner is no longer required for the purpose of investigation and there is no likelihood of absconsa or tempering with the evidence or repetition of the offence.
3. The contention of the learned counsel /or the State as well as Investigating Officer was to the effect that the petitioner is also named accused in several other cases which are pending.
4. It appears that in the above said cases, petitioner has been allowed bail and he has not been convicted in any case.
5. In view of the above circumstances, since none of the offences for which the petitioner is accused falls within the prohibitory clause and he has not been previously convicted and bail has also been granted to co-accused in the same FIR in which the allegations are of general nature against 23 co-accused. Petitioner is entitled to bail in accordance with law declared by the Hon'ble Supreme Court in case cited at PLD 1995 SC 34 titled Tariq Bashir v. The State petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs.50/000/- with two sureties in the like amount to the satisfaction of trial Court who is authorised to cancel the bail, if petitioner is found abusing the concession of bail. This petition is disposed of accordingly.