MEHAR HUSSAIN Versus STATE

ORDER

This is a petition for grant of bail to Muhammad Akram, petitioner herein, who stands arrested in case F.I.R. No.215/93 dated 31-8-1993, under section 399/402, P.P.C. registered at Police Station Saddar Gojra, District Toba Tek Singh, on the allegation that he with four others were found armed with fire-arms sitting in a grove of trees by the side of Sem Nehr in the vicinity of Chak No.90/J.B. for committing dacoity and that the S.H.O. of the Ilaqa rounded them up alongwith fire-arms and also seized their Car No.7100/FDN. The petitioner's bail plea was declined by the lower Court, hence this petition.

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

3. It is contended that there is no tangible evidence to show that the arms allegedly carried by the petitioner and his co-accused were with intention to commit dacoity, therefore, the provisions of sections 399 and 402, P.P.C. are not attracted in this case. Learned counsel for State has opposed the petition. A The A.S.I. who is present with record says that no such case was registered against the petitioner earlier nor he is previous convict. He also informs that Car No.7100/FDN has been given on Superdari to Muhammad Esa, co accused of the petitioner, who claimed to be the owner of the said car. The petitioner is in jail for the last about three months. Investigation is stated to be complete and challan has been put in Court. In view of the above discussion, I find that the question whether the petitioner and his co-accused were sitting at the spot armed with, fire-arms with intention to commit dacoity needs further inquiry and as such the case of the petitioner is squarely covered by subsection (2) of section 497, Cr.P.C. Hence this petition is allowed and it is directed that the petitioner be released subject to his furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of the A.C./Duty Magistrate concerned.

N.H.Q./M-1338/L Bail allowed.