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Criminal Miscellaneous No. 1747/B of 1987, decided on 21st June, 1987.

---S.497--Penal Code (XLV of 1860), S.457--Bail, grant of--Accused a shopkeeper having no previous history as criminal--No instrument of theft recovered--Accused not armed with any weapon--Challan already submitted in Court--Intention to commit theft yet to be established--Bail granted in circumstances.

M. Iqbal Cheema for Petitioner.

Muhammad Hanif Zahid assisted by Malik Nazir Ahmad for the State

Ghulam Shabbir, petitioner, is stated to have broken into the house of the 'complainant on the night between 5/6-5-1987 where he was caught from underneath a Charpoi. He was produced before the police at 11-50 p.m., the same night and F.I.R. No. 157, dated 6-5-1987 was registered under section 457, P.P. C. at Police Station Shahdara, Lahore. The petitioner having remained unsuccessful to obtain the relief of bail from the lower Court has moved the instant petition. I have heard the parties and perused the record.

2. S.I. Muhammad Hanif states that the petitioner stated before him during investigation that he deals in cycle-seats and has established a regular shop for the purpose in the locality. The petitioner has no previous history as a criminal. Admittedly, no instrument of committing theft was recovered from him. He was not found armed with any weapon either. Challan against the petitioner has since been submitted in Court.

3. In view of the facts narrated above, it remains to be established that the petitioner had entered the house of the complainant with I intention to commit the offence of theft. In the circumstances, I feel inclined to allow this petition. The petitioner is directed to be released on bail subject to his furnishing bail-bonds in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of A. C., City, Lahore.

S.A ./G-64/ L

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