MUHAMMAD MUNIR KHAN, J.---This petition arises from the facts that the petitioner was convicted by the Additional Sessions Judge, Sargodha under section 412, P.P.C. For keeping a gun robbed in a dacoity which was recovered from his possession at Bus Stop in the presence of to police officials namely Sikandar Hayat and Muhammad Anwar P.Ws. And was sentenced to seven years' R.I., and a fine of Rs.10,000 or in default 2 years' R.I. On appeal, the Lahore High Court, Lahore, vide impugned judgment has converted conviction from section 412 to section 411, P.P.C. On the ground that the prosecution has not been able to prove that the petitioner knew that the gun was transferred in the process of dacoity and set aside the sentence of fine and reduced rigorous imprisonment from seven years to three years.
2. Learned counsel for the petitioner has argued that the Courts below should not have relied on the statements of the to police officials in this case and that the prosecution has also failed to prove that the petitioner knew that the gun was stolen in a theft.
3. Leave to appeal is granted to consider whether implicit reliance should have been placed on the to policemen more particularly when other witnesses could easily be available at the bus stand and also to consider whether the prosecution has been able to show that the accused/petitioner knew the gun to be stolen one.
4. At this stage it has come to our notice that the petitioner after his conviction has not surrendered himself. The Office should not have entertained this petition or at least not to this effect should have been recorded on the front page of the petition. Since we have granted leave to appeal, therefore, we do not want to withdraw it. The petitioner shall first surrender himself before the trial Court who will take him into custody and then release him on bail furnishing bail bonds in the sum of Rs.25,000 with one surety in the like amount to the satisfaction of the trial Court.