Through this petition, the petitioner seeks post-arrest bail in a case F.I.R. No.321 registered on 29-7- 2000 at Police Station, Arifwala, District Pakpattan, under sections 379/467, P.P.C.
2. The allegation against the petitioner is that he stole traveller's cheques from the pocket of the complainant and later on he presented the same before the Manager, Muslim Commercial Bank, Kasur Branch with his signatures and encashed the same. He was arrested on 19-8-2000 and is behind the bars since then.
3. At the very outset the learned Standing Counsel has candidly contended that since the Bank is not involve in the case, he has no role to play in decision of this bail application.
4. The learned counsel for the petitioner submits that in fact if the prosecution case is taken to its extreme it would fall under section 379 P.P.C., which would not attract the prohibitory clause of section 497 Cr.P.C. The investigation of the case has been completed and the learned counsel appearing on behalf of the State has affirmed that the report under section 173, Cr.P.C. Has already been submitted before the trial Court.
5. The learned counsel for the State has vehemently argued that the petitioner has robbed an innocent citizen and the complainant has no grudge or enmity to involve the petitioner in the case.
He, however, states that the ingredients of section 467, Cr.P.C. Are attracted in the case and the said offence falls within the prohibitory clause, therefore, the petitioner does not reserve the concession of post arrest bail.
6. I have heard the learned counsel for the parties and gone through the record with their assistance. The petitioner is in judicial lock-up since 19-8-2000 and no progress has been made so far. It is true that section 379, P.P.C. Prima facie is made out against the petitioner but it would need thorough probe and inquiry and would be ascertained after recording the evidence whether the offence under section 467, P.P.C. Is made out or not. In the circumstances, it is a case of further inquiry, to the extent of section 467, P.P.C., therefore, the petitioner is granted bail, subject to his furnishing bail bonds in the sum of Rs.3,00,000 (three lacs) with one surety in the like amount the satisfaction of the trial Court