' Through this petition Nazeer Ahmad alias Najja petitioner has sought post-arrest bail in case F.I.R.
No,178 registered at Police Station Farid Nagar, District Pakpattan Sharif on 21-9-2000 for offences under sections 382/392/411, P.P.C.
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 F.I.R. As one of the perpetrators of the offences in question. Admittedly no test identification parade has been conducted in this case so as to positively implicate the petitioner in the alleged offences. The order passed by the learned trial Court on 9-4-2001 refusing bail to the petitioner shows that the complainant of this case has already sworn an affidavit exonerating the present petitioner. The alleged recovery effected from the petitioner during the investigation of this case only attracts the provisions of section 411, P.P.C.
Which do not attract the prohibitory clause contained in subsection (1) of section 497, Cr. P.C.
3. For what has been discussed above this petition is allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.