1. ' The facts leading to present application for bail are that applicant/accused Muhammad Maqsood is facing trial before Vth Judicial Magistrate Malir Karachi under sections 457/382/34 P.P.C., The casearose out of F.I.R. No.111 of 2003 of Police Station Sukhan Karachi.
2. ' The brief facts of the prosecution case as disclosed in the F.I.R. Lodged by Humayoon Akhter on .16-9-2003 are reproduced herein below in extenso:-- "I am residing at the address mentioned in the Column No.2 and am serving in the Younus Textile Mills as Senior Manager. The owner of Younus Textile Mills Muhammad Ali get rented Al Hasan Godown for keeping clothes at North Western Industrial Zone Port Qasim Karachi. Today I received telephonic information by Security Guard that some Vardat took place in Al Hasan Godown on such information I arrived at the Godown, Security Guard Khanzada informed me that on 15-9- 2003 at 7.00 hours of evening I was offering Maghrib prayer, during that three unknown persons climbing over the wall of Godown entered inside the Godown and they caught me and roped my hand and feet and they tied my eyes I suspected that they are duly armed with weapons. I went under fear and they confined me in a room at about 4.0 clock morning they thereby breaking the locks of Godown on a truck loaded clothes and from the cabin of table licensed pistol. 30 bore and Mobile of Chowkidar Bilal Hussain took away.
3. ' I get checked the cloth through Piyar Ali incharge Chowkidar Godown and subsequently it revealed that the different qualities of cloth 58 Ganthen, consist of 42932 x 1200 meters of cloth, 129 roles, consist of 25,800 meter cloth, 4 Thans, Consist of 240 meters pack were missing, Such report provided to the Management and reported the incident. Action may be taken. Report read over is correct."
4. ' The applicant/accused applied for bail before the trial Court but his bail plea was dismissed by impugned order dated 12-11-2003, It is contended by counsel appearing on behalf of applicant/accused that the name of his client does not transpire in the F.I.R. And no identification test was held by prosecution through P.W.
5. Khanzada. The only evidence against the applicant/accused is that alleged stolen property was recovered from the Godown which was allegedly on rent with the applicant/accused and if allegation is taken to its extreme, the case would fall under section 411 P.P.C. Which is not punishable, with death, imprisonment for life or ten years.
6. ' Mr. Abdul Jalil Zubedi learned counsel appearing on behalf of A.G. For the State opposed the bail plea of applicant/accused.
7. Upon consideration of submissions made by the learned counsel appearing on behalf of the parties and looking towards to the peculiar facts and circumstances of the case, as well as keeping in view the dicta of apex Court in case of Tariq Bashir v. The State reported in PLD 1995 SC 34, I, am of the considered view that the case necessitates further enquiry as contemplated under section 497 Cr.P.C. Resultantly, the applicant/accused is granted bail in the sum of Rs.2,00,000 (Rupees two lcas) and P.R. Bond in the like amount to the satisfaction of the trial Court.