ASIF SAEED KHAN KHOSA, J.- Through this petition Ather Qadeer petitioner has sought post-arrest bail in case PIR No.,82 registered at Police Station Gulberg, Lahore on 6.3.2001 for an offence under section 392, PPC.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the petitioner had not been nominated in the FIR as one of the culprits who had perpetrated the offence in question and that the petitioner's name had surfaced in this case for the first time through a supplementary statement of the complainant made after thirteen days of the occurrence in question, It is not disputed that during the investigation no test identification parade had been conducted in this case so as to positively connect the petitioner with the alleged offence.
The cash allegedly recovered from the petitioner's custody during the investigation prima facie does not stand connected with the amount allegedly robbed during the incident in question.
Although a revolver had statedly been recovered from the petitioner's possession during the investigation of this case but in the absence of any matching with any crime-empty the evidentiary value of such a recovery is suspect, In somewhat similar circumstances bail had been allowed to the accused persons in the cases of Muhammad Tariq v. The State (2000 P.Cr.L.J. 1840) and Muhammad Rafiq v. The State 1997 SCM R 412). The challan in this case has already been submitted after completion of investigation and, thus, physical custody of the petitioner is no longer required for the purposes of investigation.
3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of sub-section (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.1,00,000/- (Rupees one hundred thousand only with two sureties each in the like amount to the satisfaction of the learned trial Court.