' Munir Ahmad-petitioner is facing trial in case F.I.R. No,184, under section 395, P.P.C. Read with section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance No,VI of 1979, registered against him and others with Police Station Saddar Jhang on 12-4-2002 at the instance of one Bashir Ahmad Cheema. Name of the petitioner is not mentioned in the F.I.R.
2. On being arrested by the police on 10-6-2002, the petitioner instituted his application for obtaining post-arrest bail from the Court of Sessions Judge, Jhang, who dismissed the same through his order dated 2-9-2002 on the basis of multifarious grounds. Now by filing the instant petition, he has approached this Court seeking same relief.
3. Learned counsel appearing on behalf of the petitioner submits that the Investigating Agency did not hold test identification parade to fix identity of the petitioner as he was not previously known to the complainant and other witnesses: that he is resident of District Khanewal. Which is approximately seventy miles away from the venue of occurrence and that his complexion, like height, colour, voice, gate, and physique etc. Are also not furnished in the first information report.
On this basis, he submits that case of the petitioner is fully covered under subsection (2) of section 497, Cr.P.C. Being that of further inquiry.
4. As against this learned counsel for the State after consultation of record has pointed out that no recovery is made from the petitioner and that challan has already been submitted in Court.
5. Both the sides have been heard at length. Admittedly prosecution miserably failed to hold a test identification parade qua the petitioner. It has been laid down in case Muhammad Suleman v. The State 2002 SCM R 1304 that "non-holding of identification parade after arrest A of the accused person had brought his case within the purview of section 497(2), Cr.P.C." In these circumstances, I am of the firm view that case of further inquiry is spelt out.
6. Accordingly, by accepting this petition, I direct release of the petitioner on bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac) with two sureties each in the like amount to the satisfaction of trial Court.