1. ' The applicant Ali Akbar has moved this application under section 497, Cr.P.C. For grant of bail in Crime No.09 of 2004, Police Station Rukkan, wherein he along with some other accused, has been charged with the commission of offence .Punishable under sections 380, 457/34, P.P.C. Read with section 14, Offences Against Property (Enforcement of Hudood) Ordinance, 1979.
2. ' According to the prosecution story huge theft of various items of machinery/spare parts had taken place in Dadu Sugar Mills at Piyaro Goth before 10-1-2004 for which written report was submitted by Haji Muhammad Moosa Dasti, General Manager of the Mills on 27-1-2004 which reads as under:-- ' From: General Manager Our Ref: No. DSM. DSM GM/Esti/2404. Dated 10-1-2004 ' The Station House Officer, Police Station Rukkan District Dadu.
3. ' SUBMECT: THEFT OF MILLS MACHINERY/SPAR PARTS VALUING ABOVE RUPEES FIFTY LACS.
4. ' Enclosed please find herewith report of Mills Security Staff which is self-explanatory. Pursuant to the report I along with Mills Security Staff and duty, Police at Mills as well as C.B.A. Office-bearers visited the Mills on 10-1-2004. During our joint inspection it revealed that Turbine Governors (03 Nos.), Electric Panels. Centrifugal Panels were found dismantled and stolen. Furthermore it was also revealed that the locks of Mills main store were found changed by then it seems that the theft has also occurred in Mills main store.
5. ' Approximate losses arising out of this theft incident (Power House Centrifugal) and main store may come to above Rs.50,00,000 (Fifty lacs). The Technical staff required for actual assessm ent/identification of the stolen parts is not available, the detailed report will be forwarded to you very shortly and such F.I.R. Will also be lodged accordingly later on.
6. ' This is for your information and necessary action at your end.
7. (Sd.)
8. ' Haji Muhammad Moosa Dasti General Manager.
9. ' Such report was incorporated in the F.I.R. And investigation was conducted wherein several accused were arrested from whom some of the stolen items/machinery parts were recovered. The applicant was also arrested on 14-3-2004 but no recovery was made from him. On completion of investigation challan was submitted before the trial Court on 24-3-2004.
10. Mr. Qazi Abdul Sattar, learned counsel for the applicant submitted that in the instant case F.I.R. Is delayed by more than two weeks, applicant is not a nominated accused in the F.I.R., no recovery has been effected from the applicant and after submission of challan he is no more required in the crime for investigation. He further submitted that only evidence available with the prosecution against the applicant is statement of co-accused before police which is inadmissible in evidence and in such circumstances, case of applicant needs further inquiry which entitles him for grant of bail.
11. ' Mr. Anwar H. Ansari, learned counsel for the State frankly conceded that no recovery of any stolen article has been made from the applicant and on completion of investigation he is no more required for the purpose of investigation. He further concealed that at this stage there is no other material available with the prosecution against the present applicant except the statement of co- accused Muhammad Rafique before police from whom recovery has been made along with other accused Gulshan, Wali Muhammad and Nisar Mirani.
12. ' In view of the above discussed facts and circumstances which are borne out from the case record and not disputed by the learned State counsel, case of applicant needs further inquiry within the scope of section 497(2), Cr.P.C. This application is accordingly allowed and the applicant is ordered to be released on bail on his furnishing surety in the sum of Rs.2,00,000 (Two Lacs) and P.R. Bond in the like amount to the satisfaction of the trial Court.