ORDER 0 MUHAMMAD ASIF JAN, J.- Amir j Aziz, petitioner, aged about 25 years was arrested on the 2nd of April 1998, in pursuance of a case registered against him and three others vide FIR No. 278/98, dated the 4th of March, 1998, initially recorded under Sections 454/380 PPC to which Section 395 PPC was added subsequently at Police Station Model Town, Gujranwala, regarding an occurrence which allegedly took place on the 3rd of March, 1998 at noon time in the house of Haji Nawab Din complainant who resides in Mohallah Islamabad of Gujranwala which is at a distance of about one and half Kilometer from the Police Station where the FIR was lodged on the next day i.e. The 4th of March, 1998 at 6 p.m.
2. The allegations against the petitioner is to the effect that he alongwith three other persons entered the house of the complainant, out of the for, two were armed with pistols. They took away Rs. 80,000/- in cash and gold jewellery weighing thirty tolas.
3. Admittedly, the petitioner is not named in the FIR and till date no identification parade has been held making the petitioner's participation a matter of serious doubt, besides the delay of thirty hours in lodging the FIR which is unexplained and per se casts a doubt on the veracity of the entire prosecution case. Prima facie, since there were only for persons, Section 395 PPC would not be attracted. Be that as it may, reasonable grounds to believe that the petitioner is guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years do not seem to exist.
However, the case against the petitioner may be a matter of further inquiry within the meaning of Section 497(2) Cr.P.C, which entitles him to the grant of bail.
Resultantly, the petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs.
1,00,000/- (rupees One Lac) with two sureties in the like amount to the satisfaction of the trial Court.