SH. RIAZ AHMAD, J. - Petitioner Rehmat Ali alias Baboo alongwith two others namely Muhammad Amin and Mukhtar is accused for the commission of offence under Section 364 read with Section 302 PPC. In April, 1996 on the application of Muhammad Yasin complainant, a criminal case was registered at Police Station Ganda Singh Wala against the petitioner and-two others. In the said application, it was disclosed that 3 years and 8 months before making the application, brother of the complainant had proceeded on a motor-cycle with 200 thousand rupees for the purchase of tractor, but thereafter, his whereabouts became unknown. According to the complainant, he kept on searching for his brother, but no clue be found, and thus, he suspected that petitioner and two others named above have killed the deceased brother of the complainant to snatch the money and the motorcycle.
2. On the basis of the afore-referred application which was moved after 3 years and 8 months by the complainant, FIR No. 55/96 was recorded at Police Station Ganda Singh Wala, and the investigation commenced.
3. I have heard the learned counsel for the petitioner and the State at length. Ghulam Raza, Sub- Inspector, PS Ganda Singh Wala present in Court with record states that as far as the accused persons other than the petitioner are concerned, they have made an extra-judicial confession. As regards petitioner, it is submitted by the Sub-Inspector that some parts of the missing motor-cycle of the deceased have been recovered from the petitioner. I have specifically asked the Sub- Inspector as to how the recovery of the pails of the motor-cycle connects the petitioner with the commission of crime. The Sub-Inspector informs that engine number and other parts had revealed that it was the motor-cycle of the decreased.
4. Be that as it may, I would refrain from commenting upon the evidentiary value of such recovery, lest the same should prejudice either side. To my mind it seems to be a case of further enquiry which squarely falls within the ambit of section 497(2) Cr.P.C. Petitioner is behind the bars for the last about eight months. Accordingly, I direct that the petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs. 2 hundred thousand with one surety in the like amount to the satisfaction of Assistant Commissions, Kasur.