ORDERMUHAMMAD ASIF JAN, J.- Rashied alias Ahman was arrested on the 5th of December, 1994 in pursuance of a first information report bearing No.223/94 registered on the 3rd of November,1994 at Police Station Satghara, District Okara, alleging the commission of offence under sections 324/365/148/159 P.P.C, read with section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance No. VI of 1979, reporting an occurrence which took place earlier on the 1st of November, 1994 in the area of Mauza Bibipur which is about 12 kilo meters from Police Station Satghara, Tehsil and District Okara.
2. The specific allegation against Rashid petitioner is to the effect that he along with the other co- accused snatched a tractor at gun point from the driver of ChAli Ahmad complainant.
The said tractor was allegedly recovered on the 14th of November, 1994 from the area of chak No.24/2-L,Okara.
3. Prima facie section 365 P.P.C, is not made out as far as the petitioner is concerned because there is no allegation of kidnapping or abduction. Neither does section 34 P.P.C, seem to be applicable as far as the petitioner is concerned because there is no allegation of an attempt to commit Qatl-i- Amd against the petitioner. As a matter of fact Ahmad Ali who was allegedly injured during the occurrence has had his statement recorded under section 164 Cr.P.C and has exonerated the accused persons.
4. Learned counsel appearing on behalf of the State submits that the challan is ready for being submitted in Court and that only the petitioner will be made to stand trial because all the co- accused are absconding. However, learned counsel for the State is not in a position to state as to when will the trial commence.
5. Admittedly the first information report was lodged after a delay of two days and there is no explanation for the said delay. Besides, no overt act is specifically attributed to the petitioner and, therefore, the case against the petitioner is a case of further enquiry within the meaning of sub- section (2) of section 497 Cr.P.C.
6. Resultantly, the petitioner is granted bail provided he furnishes bail bond in the sum of Rs.50,000/- with two sureties in the like amount to the satisfaction of the Assistant Commissioner /Duty Magistrate of Okara.