Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 381-A---Theft of a car or other motor vehicles---Bail, grant of---Further inquiry---No source or material had been mentioned in the F.I.R. to connect accused and co-accused with the commission of crime except the words that on " ", the complainant came to know that accused and co-accused had stolen his car---Accused remained on physical remand but nothing had been recovered from him---One of the co-accused had been allowed bail whereas the other was declared innocent by the Investigating officer during the course of investigation---Offence with which accused was charged did not fall within prohibitory clause of S. 497, Cr.P.C---Such factors brought the case of accused within the ambit of further inquiry and he was released on bail. ORDER ALTAF IBRAHIM QURESHI, J.--Through the present petition, the petitioner Muhammad Umar Khan seeks his post-arrest bail in a case arising out of F.I.R. No.515, dated 1-7-2010, registered with Police Station Cantt. District Multan, under section 381-A, P.P.C. for an occurrence wherein the petitioner along with his co-accused is alleged to have stolen comp-lainant's car, parked outside Mall Plaza, Multan Cantt. on 1-7-2010 about 9-30 p.m. 3. Learned counsel for the petitioner contends that there is a delay of one day in lodging of the F.I.R.; that the ingredients of section 381-A, P.P.C. are not attracted to the case of the petitioner; that the contract of Mall Plaza was issued in the name of the present petitioner but in fact, one Muhammad Ashraf is the real Contractor, who was allowed by the petitioner to use his name being fast friends; that the offence does not fall within the prohibitory clause of section 497, Cr.P.C.; that Nazir Ahmad, a nominated accused was declared as innocent by the Investigating Officer whereas Muhammad Iqbal, another nominated accused, was allowed post-arrest bail by the learned Additional Sessions Judge, Multan; that the petitioner is behind the bars since 9-6-2011 and he is no more required by the police. 4. On the other hand, learned Deputy Prosecutor-General assisted by the learned counsel for the complainant opposed…

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