ALI MUHAMMAD BALOACH, J.- Applicant Muhammad Tarique is involved in a case registered at P.S. Liaqatabad by complainant Masood Ahmed on 27.7.1996. Masood Ahmed has stated in his F.I.R, that eight or nine months before lodging of this report a robbery had taken place at his house when to young boys armed with TT Pistols had entered in his house and forced the inmates of the house to part with a pair of a golden ear rings, one golden locket, to wrist watches and artificial ornaments and cash of Rs. 1000/-. The complainant had not lodged the report for eight or nine months but when the Police informed the complainant that the present applicant had pointed out the house of the complainant and had also produced some of the stolen ornaments belonging to the complainant, then the complainant lodged his report. In this case the alleged recovery of articles is effected after a period of eight or nine months of the incident and could not be said to be recent. Besides there is no evidence against the applicant that he was one of the assailants who committed the robbery as the Police had not put the applicant to any identification test through the complainant or any other eye-witness.
2. The learned counsel for the applicant has argued that in these circumstances the case will fall under Section 411 PPC which is not punishable with imprisonment for 10 years or above.
3. Although the learned counsel for the State has opposed the grant of bail to the applicant but he.
Has pointed out that apart from the recovery of the stolen learned Advocate for the applicant submits that there was dissolution of marriage between the complainant and Mst. Asia and he has produced copy of the notice dated 5.2.1996 addressed to Mst. Asia. He has also produced photo copy of the Nikah Nama of Mst. Asia with Manzoor. He submits that there was no illicit connection but there was valid marriage between Mst. Asia and Manzoor, who is applicant before this Court.
The previous marriage stood dissolved.
4. Mr. Zawar Hussain Jafri, A.A.G, has no objection if bail is granted to the applicant.
5. In view of above-mentioned facts and the fact whether the previous marriage stood validly dissolved requires enquiry. I, therefore, grant bail to both the applicants subject to their furnishing surety in the sum of Rs. 50,000/- (Rupees Fifty Thousand) each with PR Bond each in the like amount to the satisfaction of the trial Court.