Through this petition Sajjad Hussain petitioner has sought post-arrest bail in case F.I.R. No, 225 registered at Police Station Chowk Azam, District Layyah on 16-9-2001 for offences under sections 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 occurrence in this case had taken place during a night and the culprits had remained unidentified during the said occurrence. The F.I.R. in this case had been lodged with a delay of two days and it is not disputed that the present petitioner had not been nominated in the F.I.R. as one of the perpetrators of the offences in question. The petitioner's name had surfaced in this case for the first time through a supplementary statement made by the complainant before the Investigating Officer after about fifteen days of the alleged occurrence and even in that supplementary statement only a suspicion had been expressed against the petitioner. No test identification parade has been held in this case so as to positively connect the petitioner with the alleged offences and admittedly no recovery of any sort has been effected from the petitioner in connection with this case. The challan in this case has already been submitted after completion of investigation and, thus, continued custody of the petitioner is not required for the purposes of investigation.
3. For what has been discussed the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (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,50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial