' Muhammad Jamil, Forest Guard Section Chichawatni Canal Range, Chichawatni Forest Division, Chichawatni, District Sahiwal, got recorded F.I.R. No,235/94 at Police Station Kassowal, District Sahiwal under section 379/411, P.P.C. With the allegation that on the night falling between 5/6-8- 1994, five Shisham trees valuing Rs,20,000 were chunked by Dr. Noor Khan who removed the same in a tractor-trolley alongwith his co-accused (not named). Afterwards, the trees are stated to have been recovered from the possession of Noor Khan petitioner/accused. The bail application of the petitioner was rejected by the Ilaqa Magistrate and thereafter by the learned Sessions Judge, Sahiwal with the reasoning that the plea taken by Noor Khan that he had purchased the wood has not been justified by him due to non-production of any receipt. The petitioner has moved this petition to try his luck to be admitted to bail.
2. I have heard the learned counsel for the petitioner as well as learned State counsel and gone through the record before me. The main contention of the learned counsel for the petitioner is that the offences under section 379/411, P.P.C. Do not fall within the prohibitory clause. This petitioner was arrested on 23-8-1994. The assertion of the learned State counsel is that Government property was stolen and recovered from Noor Khan petitioner who is not entitled to be admitted to bail. In my view, the plea raised by the accused about the purchase of the recovered wood can be considered during the trial and not at the time of the disposal of the bail application. At this stage the prosecution has to stand on its own footing for the strength of the case and the exception if any, raised by the accused need not be given the weight. According to the law of the land a bail application has to be disposed of under section 497, Cr.P.C. Viewed in the said perspective Noor Khan petitioner is entitled to be admitted to bail. It has been held in Sarfraz and 2 others v. The State PLD 1974 Lah. 196 that the fact that Government property or national interest is involved in a case is no ground by itself for refusal of bail and that such considerations ordinarily are not bar to grant of bail as there is no such prohibition in subsection (1) of section 497, Cr.P.C. The stolen property stands recovered. The police investigation is complete. The petitioner is in the judicial lock-up. The offences under section 379/411, P.P.C. Do not fall within the c prohibitory clause. As such this petitioner is held entitled to be admitted to bail.
' For what has been said above, I accept this application and admit Noor Khan petitioner to bail in the sum of Rs,10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of the learned Ilaqa Magistrate, Police Station Kassowal, Tehsil Chichawatni, District Sahiwal.