' Petitioner seeks post-arrest bail in case F.I.R. No,62 of 1997, dated 31-3-1997 under section 382/392, P.P.C. Registered at Police Station City Attock.
2. Brief facts of the case are that during the night 30/31-3-1997 at about 9-30 p.m. Four persons entered into the house of complainant and robbed him of the articles mentioned in the F.I.R. The matter remained pending for about two years when the complainant moved an application on 4- 7-1999 that as a result of his private investigation Tanvir Ahmad and Rehmat Ali are responsible for committing the dacoit in his house. Consequently on 5-7-1999, Tanvir Ahmad, Rehmat Ali and Amjad Hussain were arrested. Later on, Tanvir Ahmad and Rehmat Ali accused also nominated the present petitioner to be their companion. Tanvir Ahmad, Rehmat Ali and Amjad Hussain also led to the recovery of certain articles, whereas no recovery has been effected at the instance of petitioner. The complainant also did not nominate the petitioner in his application moved on 4-7- 1999. The petitioner was also not put to any identification test.
3. As the name of petitioner neither appear in the F.I.R., nor he has been nominated in the application moved on 4-7-1999, nor he was put to identification test, nor any recovery of robbed articles has been made from him and he has simply been involved at the behest of his co- accused, so all these facts make the case of the petitioner open for further probe. Accordingly petition is accepted and he is admitted to bail in the sum of Rs,50,000 with two sureties, each in .The like amount to the satisfaction of trial :'Court.