Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 392 & 411--Post arrest bail--Grant of--Further inquiry--Petitioner not named in the FIR--Named in supplementary statement after five days of occurrence--During hearing of bail application before Magistrate, complainant got his statement recorded that he had named co-accused on the basis of misunderstanding and on the asking of some one else--Complainant has arrogated to himself the authority to first involve some persons in a serious criminal case and thereafter declare them innocent saying that he had entangled them on account of some misunderstanding--This function is the exclusive domain of the investigating agency and cannot be assigned or delegated to the complainant--Even otherwise the prevaricating stance of the complainant is a poor reflection on his trustworthiness--In this back drop, the possibility that the present petitioner had also been involved on the basis of some misunderstanding or on the asking of somebody cannot be ruled out--This circumstance by itself is sufficient to render the case of the petitioner one of further inquiry within the meanings of Section 497(2) Cr.P.C.--Bail allowed. THIS ORDER PASSED BY: M. BILAL KHAN, JUSITCE---.--- Tahir Islam son of Noor Muhammad, petitioner, who is accused in case FIR No. 244 of 2008, dated 12.06.2008, registered with Police Station Gogera, district Okara, for offences under Sections 392, 411 P.P.C by filing this petition seeks post-arrest bail. 2. The allegation in the FIR registered at the instance of Hameed Khan son of Manzoor Hussain, complainant, was that four persons, the physical and facial descriptions of whom have been mentioned in the FIR, while variously armed first blocked the road between the area of Natwana Chowk and Ahata Bhawan Shah by putting stones and hay, then they forcibly entered into a wagon and commandeered it to a deserted place near the said Natwana Chowk, where cellular phones and cash amount from the passengers had been snatched. 3. The petitioner was arrested on 23.06.2008 and is in custody ever since. His application for post-arrest bail had been dismissed by the learned…

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