QAISAR Versus State

ORDER

ABDUL SAMI KHAN, J.--- Through this petition under section 497, Cr.P.C. the petitioner has sought bail after arrest in case FIR No.727/15 dated 11.09.2015 under section 393, P.P.C., registered at Police Station Pir Wadhai, Rawalpindi.

2. I have heard the learned counsel for the parties and have gone through the record of this case with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. It has been noticed by this Court that the petitioner is not named in the FIR. He has been roped in this case by the complainant through supplementary statement dated 14.11.2015 i.e. more than two months after lodging the FIR and that too without source and such type of supplementary statement has got no value in the eyes of the law. Admittedly no identification parade was conducted in this case which is a mandatory provision when the accused is not named in FIR. Reliance can easily be placed upon 1997 SCMR 971. It is also an admitted fact that the petitioner is previous non-convict, never involved in any other case of such like nature and the offence with which the petitioner is being charged does not fall under the prohibitory clause of section 497, Cr.P.C. He is behind the bars since 14.11.2015, more than four months have elapsed but his trial has not seen any fruitful progress as yet. Investigation of the case is complete and the petitioner is no more required for further investigation, therefore, his further incarceration in jail would not serve any useful purpose.

3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by subsection (1) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bonds in the sum of Rs.100,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial court.

4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.

HBT/Q-6/L Bail granted.