' This is an application for bail after arrest on behalf of the petitioner in a case F.I.R. No,7/94, dated 28-1-1994 under sections 429, 436 and 34, P.P.C. Registered at Police Station Seetpur, District Muzaffargarh.
2. The prosecution story in brief is that on the night falling between 24/25-1-1994, the complainant was sleeping in the pen and his cattle were also tethered therein. On the same night at about 3-00 a.m.,, the complainant saw that the pen was ablaze. He came out and raised cries, which attracted Abdul Hameed and Baggu witnesses. He also saw that his cattle present in the pen were also burnt to ashes.
3. Learned counsel for the petitioner submits that there is a delay of four days in lodging the F.I.R.
Without any plausible explanation; that since it was a dark night, the identification of the petitioner was doubtful and that neither the complainant nor the witnesses saw the petitioner setting the pen on fire.
4. Learned counsel for the State has opposed the bail of the petitioner.
5. I have heard learned counsel for the parties and perused the record. It is evident from the record that the F.I.R. Was lodged after four days and no explanation has been furnished for this inordinate delay. Even according to the F.I.R., neither the complainant nor the witnesses saw the petitioner setting the pen on fire. It is also very much surprising that the complainant party did not try to apprehend the petitioner if he was present at that time. As such, the case against the petitioner is of further inquiry.
' For the foregoing reasons, the petitioner is allowed to be released on bail on his furnishing bail bonds in the sum of Rs,30,000 (Rupees thirty thousand only) with one surety in the like amount to