' Khalid Javaid son of Ahmad Din, petitioner, has sought his point-arrest bail in a case F.I.R. No,154 of 2001 registered at Police Station Saddar, Mian Channu, District IChanewal, on 10-6-2001, for offences under sections 392/395/412, P.P.0 .
2. The relevant facts as given in the F.I.R. Are that three persons, who were armed with pistols, with muffled faces, snatched Tractor from Nobal and Shamshad P.Ws. It is furthers stated that after snatching the Tractor, the accused tied the hands of the P.Ws. And forcibly put them in a car. They were taken to some unknown place and after two hours were let off. Thereafter, the afore-referred P.Ws informed the complainant, who reported the matter to the Police.
3. The petitioner was arrested in this case on 17-9-2001 and after completion of investigation is in Judicial lock-up.
4. The learned counsel for the petitioner has argued that the petitioner was falsely implicated in this case and no cogent/incriminating evidence was available against the petitioner to connect him with the commission of offence.
5. On the other hand, the learned counsel appearing on behalf of the State has vehemently opposed the release of the petitioner on bail. He has argued that the petitioner was fully identified by Nobal P.W. In test identification parade held on 24-9-2001 and that the prosecution had no motive to implicate the petitioner in this case falsely.
6. I have heard the learned counsel for the parties and gone through the record. According to the statements of the P.Ws. Namely Nobal and Shamshad recorded by the police, the accused had muffled their faces at the time of occurrence, therefore, it is hard to believe as to how one of the P.Ws. Namely Nobal identified the petitioner during the test identification parade. The stolen Tractor has been allegedly recovered from the co-accused Muhammad Yousaf. The matter was reported to the police after a delay of 8 days. In these circumstances, the allegation vis-a-vis the petitioner needs further probe and inquiry within the ambit of subsection (2) of section 497, Cr.P.C., therefore, I allow this petition and admit the petition to bail, subject to his tendering bail bonds in the sum of Rs, one lac, with one surety in the like amount to the satisfaction of the trial Court.Criminal Miscellaneous No,341 of 2002: decided on 10th August, 2002.