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Petitioner: MUHAMMAD ARSHAD VS Respondent: THE STATEHonorable Justice Ali Nawaz ChowhanCh. Tariq Javed,Mian Abdul Qayyum Anjum
2003 M L D 575
2003 M L D 575
[Lahore]
Before Ali Nawaz Chowhan, J
MUHAMMAD ARSHAD‑‑Petitioner
Versus
THE STATE‑‑‑Respondent
Criminal Miscellaneous No.6762‑B of 2002, decided on 22nd October, 2002.
Criminal Procedure Code (V of 1898)‑‑‑
--‑‑S.497‑‑‑Penal Code (XLV of 1860), Ss.380/458‑‑‑Bail, grant of‑‑ F. I. R. was lodged after ten days from alleged occurrence‑‑‑Complainant in his F.I.R. expressed doubt against three persons but name of accused was not included therein‑‑‑Accused was nominated by Complainant through a supplementary statement which was recorded after about five weeks of alleged occurrence‑‑‑Story of recovery itself was unplausible rather it looked preposterous that a few packets of cigarettes and soaps could be hidden in an open field for so long‑‑‑Bail was allowed to accused, in circumstances.
Ch. Tariq Javed for Petitioner.
Mian Abdul Qayyum Anjum for the State.
ORDER
Petitioner Muhammad Arshad is asking for his post‑arrest bail in case F.I.R. No.792 dated 22‑12‑2001, registered at Police Station Sadar Kasur, under sections 380 and 458, P.P.C.
According to the complainant, when he was present at home alongwith his family five persons armed with rifles after scaling the wall made ingress in his house and while entering into his bedroom at the gun point, took away valuables including soaps and cigarettes. This happened on 12‑12‑2001, whereas the F.I.R. was lodged on 22‑12‑2001. In the F.I.R., he expressed his doubts, against three persons and these names did not include the name of the petitioner Muhammad Arshad.
Arif, S.‑I., was questioned as to why the petitioner was involved in this case. His reply was that he was nominated by the complainant through a supplementary statement which was recorded on 26‑1‑2002 after about 5 weeks of the occurrence. The recovery effected from Muhammad Arshad petitioner is of few packets of cigarettes, cakes and soaps said to have been placed in an open field, from where the recovery g was effected.
Learned counsel for the petitioner has further stated that the story of recovery itself is unplausible rather it looks preposterous that a few packets of cigarettes and soaps and cakes shall be hidden in an open field for so long.
Under the circumstances, this Court allows bail to the petitioner subject to his furnishing bail bond in the sum of Rs.25,000 with a surety in the like amount to the satisfaction of the trial Court.
H.B‑T./M‑1578/L Bail granted.