' FAZAL-E-MIRAN CHAUHAN, J.---The petitioner seeks post-arrest bail in case F.I.R. No, 51 registered with Police Station Makhdoom Rashid, Multan on 16-4-2002 for an offence under sections 397/458, P.P.C.
2. According to the F.I.R., the complainant along with his brother and his children were sleeping in his house. At about 12.30 mid-nights three unknown persons whose features were described in the F.I.R. Armed with weapons along with 5/6 unknown persons entered in the house of complainant and confined the complainant, his wife and children in a room. On resistance they were beaten by the accused persons. The accused searched in the room. After then brother and son of the complainant were also brought from their respective rooms and were confined with the complainant in the same room. It is further stated in the F.I.R. That the accused searched in the house for 1-1/2 hours and committed theft of gold articles valuing Rs,60,000.
3.. Learned counsel for the petitioner contends that the petitioner is not nominated in the F.I.R.; that the petitioner was involved on the supplementary statement of the complainant which was recorded after two years and four months of the occurrence; that the petitioner is in jail since 7-12- 2004 and till date no identification has been held; and that no recovery has been effected from the petitioner.
4. Conversely, learned counsel for the State has vehemently opposed this petition.
5. I have heard learned counsel for the parties and have perused the record. The occurrence took place on 16-4-2002, the F.I.R. Was recorded on the same day and after two years and four months of the above said occurrence i,e, on 1-8-2004 supplementary statement of the complainant was recorded, according to which all the accused including the petitioner made extra-judicial confession before him. The petitioner was arrested on 7-12-2004; no recovery has been made from his possession. The challan has been submitted in the Court but no progress has been made. Since his arrest no identification parade was conducted by the police. Neither the charge has been farmed nor copies undersection 265-C, Cr.P.C. Have been delivered to the petitioner. There is no possibility of conclusion of trial in the near future. There is no evidence about the offences under sections 397/458, P.P.C. Against the petitioner on the record. In this context reliance is placed on 2005 PCr.LJ 572. In this view of the matter, without touching the merits of the case, the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000 (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.