1. The F.I.R. In this case was registered on 22-8-1998, for offence under section 380, P.P.C. The First Informant is Ghulam Ali, Senior Clerk, Court of Vth Additional Sessions Judge, Karachi South and the stolen property is stated to be surety documents from the office of Additional Sessions Judge No,V, Karachi South. The learned VIth Additional Sessions Judge, Karachi South rejected the bail application of the applicant mentioned as under:-- "No doubt name of the present applicant does not find place in F.I.R. But during the interrogation the applicant above-named has produced certain surety documents on 29-8-1998 which are the stolen property and since the recovery is made from present applicant alongwith duplicate key of almirah, as such, at present sufficient material is available against the present applicant to connect him with crime under section 380, P.P.C. Apart from it the case against the present accused has not been finally challaned, therefore, there is every likelihood of tampering with evidence if the bail is granted at this stage. I would further like to mention here that since the matter is pertaining to the theft of Court record, as such, severity of the offence is attached and under the circumstances while final challan is not submitted yet by the police, as such I am not inclined to grant the concession of bail to the present applicant.
2. Learned counsel for the applicant has requested for bail on the ground that the applicant is a peon of the Judicial Magistrate and he has been made victim of conspiracy. He further submits that another accused Zaheer Ali was also arrested by the police but he was let off. It is the prosecution case that the surety documents were produced by the mother of the applicant.
3. We cannot take a biased view merely because Court property i,e, surety documents were stolen.
4. The offence is not punishable with death, life imprisonment or ten years and there is allegation that the co-accused arrested by the police has been let off.
5. In these circumstances, I grant bail to the applicant on his furnishing solvent surety in the sum of Rs,50,000 (Fifty thousand only) and P.R. Bond in the like amount to the satisfaction of the Trial Court.