ORDER RANA MUHAMMAD ARSHAD, J.- Through this petition, petitioner seeks bail before arrest under section 498 Cr.P.C, in case FIR No. 48 dated 18.1.1994 under section 392/420, 468/471 PPC, registered with Police Station, Saddar, Sheikhupura, at the instance of one Mushtaq Masih.
2. The facts of the case are that the complainant is owner of a Tanga and on the fateful day, he was present at his house, when Saeed Ahmed son of Ghulam RasooL, Caste Jat and Pooran Masih son of Aggu Masih, Caste Christian, came to him and asked that they want to hire his Tanga for brick kiln of Saeed Ahmed. The complainant took them to brick kiln of Saeed Ahmed, one of the accused, where they snatched his Tanga from him and sent him to his house. The complainant was also beaten by the accused person.
3. Learned counsel for the petitioner argues that Pooran Masih petitioner, is innocent and complainant has also sworn an affidavit to that effect in favour of Pooran Masih. He further argues that Saeed Ahmed, who is one of the accused person in the case, is absconding and the police officer has not initiated proceeding under section 87/88 Cr.P.C, against him nor he, has been associated with the investigation of the case. Maintains that the petitioner is a poor person and he had not absolutely committed any crime. States that the petitioner has been involved in a case as he is working as labourer at the brick kiln of Saeed Ahmed accused.
4. Sakhawat Ali, Inspector/SHO P.S. Saddar S/Para, has entered appearance in pursuance of order of this court dated 19.9.1994. He has also brought the record of the case. He states that he has conducted raids to arrest Saeed Ahmed and now he has got himself enlarged on bail before arrest from the court of competent jurisdiction, in which next date of hearing is fixed during this month. He further states that he has recently been posted in this police station, and ensures that he shall pursue the case personally and shall bring the accused to book.
5. Learned counsel for the State on instructions states that the investigation of the case to the extent of the present petitioner is almost complete and therefore, he is no more required for the purpose of the investigation. Further. States that in view of the affidavit in respect of the innocence of the petitioner, nothing is to be recovered from him.
6. Keeping in view the statement of the I.O./SHO, the present petitioner is no more required for the purpose of investigation and nothing is to be recovered from him in view of the affidavit sworn by the complainant, prima facie this is a case of further inquiry. The bail already granted is confirmed, petition stands disposed accordingly.