Petitioners seek bail in case F.I.R. No.7 of 1999 dated 8-1-1999, under section 395/412, P.P.C.
Registered at Police Station Saddar, Chichawatni, District Sahiwal.
2. Brief facts as given in the F.I.R. Are that the complainant is a Driver of Truck bearing Registration No.3788-LHP owned by one Muhammad Anwar. On 7-1-1999 at about 3-00 a.m. He loaded 100 bales of cotton from Mustafa Cotton Ginners, Chishtian for Bhai Pharoo/Dina Nath. Muhammad Shafique second driver and Muhammad Akram P.Ws. Were also with the complainant. When they reached near Adda Chak No. 17/11-R, a truck of Carvan Goods Company overtook their truck and stopped in front of them. Four persons whose description is given in the F.I.R. Came out of that truck, armed with various fire-arms, of loaded the complainant party from their truck and took them to a distance of 2-1/2 acres. One of them snatched Rs.9,000 from the complainant and made them to sit there whole night up to 3-45 a.m. Thereafter, the complainant party went to a nearby Cotton Factory and informed the truck owner on telephone and thereafter the instant F.I.R. Was recorded.
3. Learned counsel for the petitioners contends that petitioners are not named in the F.I.R.; that no identification parade was carried out; that no recovery from the petitioners has been effected and that some other cases stand registered against Aurangzeb petitioner, but he is on bail in all the cases.
4. Learned A.A.-G., on the other hand, has opposed this application by contending that Aurangzeb petitioner is involved in a number of identical cases of theft and robbery; that the challan in the instant case has been sent up to the trial Court; that one cotton bale was recovered from the petitioners alongwith their co-accused. It is further submitted that petitioners were involved in the instant case on the supplementary statement of the complainant and the P. W s. Made by them on 1-5-2001, wherein they had nominated the present accused.
5. I have considered the contentions of learned counsel for the parties.
6. Admittedly, the petitioners are not named in the F.I.R. No identification parade was conducted.
The supplementary statement of the complainant and P.Ws. Was recorded after about 1-1/4 years.
The alleged recovery of one cotton bale out of 100 and that too on the pointation of four persons does not connect the petitioners with the commission of crime. In these circumstances of the case, the petitioners have made out a case of further inquiry. They are accordingly admitted to bail subject to their furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac only) each with one surety each in the like amount to the satisfaction of learned Illaqa/Duty Magistrate.