Ali Akbar petitioner, stands arrested in case F.I.R. No.389 registered at Police Station Pabbi on 22-7- 2002 at the instance of complainant Isa Khan, under section 381-A, P.P.C. The petitioner submitted applications for grant of bail before Judicial Magistrate and Additional Sessions Judge, Nowshera, which were rejected vide orders, dated 30-8-2002 and 17-10-2002 respectively. Hence this bail application.
2. The allegation against the petitioner is that he on 19-7-2002 at 14-45 p.m. Committed theft of Truck bearing No.2197--RIM owned by Isa Khan complainant parked near Sabzi Mandi, Pabbi Bazar, G.T. Road. The truck was subsequently recovered from the Hujra of one Sarzamin. We petitioner was also produced before Illaqa Magistrate, who recorded his confessional statement on 24-7-2002.
3. In support of the bail application it is contended that the requirements of section 103, Cr.P.C. Had not been fulfilled and there is nothing on the file to connect the petitioner with the guilt. Reliance has been placed on Haq Nawaz Akhtar v. The State 2002 PCr.LJ 1523 Karachi, Shadi Khan v. The State 2002 PCr.LJ 147 Peshawar and Muhammad Matloob and others v. The State and another 2002 PCr. LJ 605 Shariat Court (AJ&K).
4. Contrarily the application is opposed principally on the ground that prosecution is in possession of sufficient incriminating material to link the petitioner--with the guilt and as such bail has been refused to the petitioner for valid grounds which hardly calls for interference of this Court.
5. The petitioner is in jail ever since his arrest on 22/23-7-2002 and investigation of the case is almost complete. The case of the petitioner does not fall within the prohibitory clause of section 497(1), Cr.P.C. There exists no exceptional circumstances to withhold the concession of bail which is extended in such-like cases as a rule. The application is accepted and the petitioner is admitted to bail in the sum of Rs.500,000 with two sureties each in the like amount to the satisfaction of Illaqa/Duty Magistrate.
6. The observations made above are tentative in nature and relate to the order in hand only.