MUHAMMAD AKBAR Versus STATE

ORDER

This is a petition for grant of bail moved on behalf of Muhammad Akbar, petitioner, who stands arrested since 27-7-1993 in case F.I.R. No.44,3, dated 9-10-1991, under section 382/395/411, PAC. read with section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, at the instance of Zulfiqar Ali, complainant.

2. According to the F.I.R. 8 unidentified culprits broke into his house at night time while armed with deadly weapons and deprived him of his belongings like ornaments of gold, clothing and other electronic goods valued Rs.25;000. The case remained under investigation for sufficient long time. At last the petitioner was arrested by Kasur police in July, 1993, and the stolen articles recovered at his instance included some stolen property relating to the instant case. Khudian police then also arrested the petitioner in this case on 27-7-1993 and succeeded in recovering some ornaments relating to this case on 4-8-1993. Challan in this case has not so far been put in Court. Petitioner's bail plea was declined by the lower Court. Hence this petition.

3. I have heard learned counsel for the petitioner as well as for the State and also perused the record.

4. Admittedly the petitioner is not named in the F.I.R. and no test identification parade was held under the supervision of a Magistrate by arraying the petitioner therein. The evidence so far collected against petitioner is that stolen property relating to the instant case has been recovered from his possession. In the circumstances, the question whether the petitioner is guilty of offences under section 392/395, P.P.C. or under section 411/414, P.P.C. A needs serious consideration. In this view of the matter, I allow this petition because petitioner is in jail for over 6 months without trial. He shall be released subject to his furnishing bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Kasur.

N.H.Q./M-1413/L Bail allowed.