ORDER TASSADUQ HUSSAIN JILANI, J.- The petitioner was proceeded against vide. FIR No. 4/87 dated 4-1-1987 u/Ss. 399/402 PPC, Police Station, Bahlok District Faisalabad.
2. The prosecution story as given in the FIR briefly stated is that 0n a source report that certain dangerous criminals were making a preparation for dacoit} near Pull Nehr Bahlak Wattoo Chowk', a police party headed by a Sub-Inspector, went to the spot. Petitioner alongwith the others were present at the spot and he was arrested. Petitioner's bail application was dismissed by the learned Addl. Sessions Judge. Sumendari, District Faisalabad vide order dated 31-1-1995 on the sole ground that there is nothing to show that petitioner had been formally arrested in the instant case, hence the application was found to be pre-mature.
3. Learned counsel for the petitioner submits that petitioner was dul\ arrested in the instant case which is manifest from the report of the Superintendent District Jail, concerned a photo-copy of which has been annexed with the petition, It is further submitted that petitioner was earlier on bailed out but he was arrested in case FIR No. 700/91 u/Ss. 302/450/148/149 PPC. Sentenced to life imprisonment but his sentence was suspended by this Court vide order dated 25-10-1994 in C.M.
Nos. I & 2/94 (Crl. A. No. 581/93).
4. Learned Asstt. Advocate General assisted by learned State Counsel, on the other hand, submits that according to his instructions, the petitioner is not involved in any o. The pending case and that no overt act has been attributed to the petitioner and he would not therefore, seriously oppose the prayer for bail.
5. I have heard learned counsel for the parties and have also gone through the record with the assistance of learned Law Officer.
6. In FIR. No specific role has been attributed to the petitioner. The allegation is that he alongwith other co-accused were making preparation to commit a dacoity. Admittedly, no such. Dacoity was committed pursuant to the alleged plan Petitioner is not involved in any other case. Even Otherwise, it is an old case relatable to the year, 1987. In this view of the matter, I am inclined to admit the petitioner to bail in case FIR No. 4/87( dated 4-1-1987 Police Station Bahlok. District Rasm provided he furnishes bail bonds in the sum of Rs. 50.000/j- with two sureties each in the like amount to the satisfaction of AC/Duty Magistrate Samundari.