' Muhammad Naeem, petitioner, stands involved along with co-accused Waheed ud Din in case F.I.R. No.156, dated 25-3-2004 registered at Police Station City, D.I. Khan for offences under sections 457/380/411, P.P.C. At the instance of Muhammad Ibrahim Zauq, complainant.
2. The petitioner and co-accused Waheed ud Din are alleged to have on the night of 24-3-2004, committed theft of a motorcycle, bicycle, electric heater and other household articles, from the house of complainant situated at Mohallah Katrianwala, D.I. Khan. The petitioner was arrested on 27-3-2004. He has approached this Court for his enlargement on bail on refusal of the same by the Courts below vide orders dated 3-6-2004 and 8-6-2004 respectively.
3. Mr. Farooq Masood Ahmad, Advocate for the petitioner vehemently contended that there is no tangible evidence on record which could connect the petitioner with the offences in question; that the petitioner is languishing in jail for more than five months; that co-accused Waheed ud Din has already been released on bail and that case of the petitioner is arguable for the purpose of bail and needs further probe within the purview of subsection (2) Of section 497, Cr.P.C. In support of the contentions, he placed reliance on Fida Hussain v. The State and others PLD 2002 SC 46.
4. Mr. Ehsan ul Haq Malik, Advocate appearing for the State assisted by Mr. Noor Gul Khan Marwat, Advocate for the complainant opposed the bail application and maintained that keeping in view the recoveries made in this case and the past conduct of the petitioner, the concession of bail has been rightly declined and the petitioner has not succeeded to make out a case for grant of bail.
Reliance was placed on Shaiq Ahmad v. The State 2003 YLR 2721 Karachi and Sarwar and another v.
The State 2000 PCr.LJ 1894 Karachi.
5. Be that as it may, without highlighting merits of the case, I find that the petitioner is in Jail ever since his arrest on 27-3-2004. The investigation of the case is almost complete and the challan is stated to have been submitted in Court. Co-accused Waheed ud Din has already been admitted to bail by learned Sessions Judge, D.I. Khan through his order dated 23-4-2004. The mere fact that a number of cases have been registered against the petitioner is not sufficient to refuse him the concession of bail as held in Karim Bux v. The State 2001 PCr.LJ 1802 Lahore.
6. For the above reasons, this application is accepted and the petitioner is admitted to bail provided he furnishes bail bonds in a sum of Rupees two lacs with two sureties each in the like amount to the satisfaction of Illaqa/Duty Judicial Magistrate, D. I . Khan.