' Ghulam Haider and Khalid Ahmad petitioners through the instant petition seek post-arrest bail in case F.I.R. No,313, dated 28-9-2002, registered under sections 457, 380, 411, P.P.C. With Police Station Saddar, Jalalpur Pirwala, District Multan.
2. Briefly the prosecution case as per F.I.R. Is that on the night between 27/28-9-2002 some persons had trespassed into the complainant's house and they after breaking open the lock of the box-had stolen away his Rs,4,000, golden ornaments, unstitched clothes, ladies' wrist watch, utensils and National Identity Card of the complainant and his father. He laid suspicion against Muhammad Ismail, Muhammad Bilal, Ghulam Haider and Khalil Ahmad. He went to them who denied to have stolen away his articles.
3. It has been contended on their behalf that they have falsely been roped in' on the basis of suspicion; that the alleged stolen articles were not recovered from them, therefore, it is yet to be seen that if they can be liable for the alleged offence; that they were allowed bail and the same was cancelled by the learned Additional Sessions Judge, Multan vide order dated 25-2-2003; that since then they are behind the bars, and that they are previous non-convicts
4. On the other hand, learned State Counsel has opposed the petition.
5. I have considered the submissions made by, both the sides with the help of available record.
6. The complainant had laid suspicion against them in the F.I.R. That they have trespassed into his house and had stolen away his aforementioned articles and cash amount. The same have not been recovered from them and instead they allegedly had paid the amount of Rs,36,000 to him as the price or compensation of these articles etc. The A question that if in these circumstances of the case they can be held liable for the alleged offence needs consideration. Hence, their case is covered under subsection (2) of section 497, Cr.P.C. Calling for further inquiry into their guilt. They are stated to be behind the bars and previous non-convicts. In these circumstances, I accept the petition and admit them to bail in the sum of R5.50,000 each with one surety each in the like amount to the satisfaction of the learned trial Court.