1. Mr. Khawaja Naveed submits that the accused was minor at the time of incident as his date of birth is 16.12.1990. He further submits that the applicant is a student and that no recovery has been effected from him. He further submits that an affidavit has been filed by the complainant exonerating the applicant.
2. Mr. Jawaid Haider Kazmi submits that the story in the FIR has been concocted. The applicant was allegedly arrested in an FIR under Section 13-D of Arms Ordinance. He has submitted that according to the Memo of Arrest the applicant has been arrested after being identified in the Police Station. The learned counsel for applicants submit that the applicants remained in illegal custody from 12.3.2007 to 15.3.2007 as during that period no direction was sought. They have referred to PLJ 1999 Criminal Cases (Lahore) 486 stating that if custody is found illegal then accused has to be released. They have also relied upon PLJ 1992 Cr.C. (Peshawar) 55, 1987 P,Cr. LJ 2423, NLR 1995 Cr. LJ.
3. 585 on the same point. Learned counsel further submit that the alleged incident is dated 4th March, 2007 but FIR has been lodged on 7th March, 2007 i,e, after three days while delay has not been explained and according to'the police delay has been caused by the complainant himself.
4. They, have further argued that the FIR is almost blank and even mobile numbers have not been mentioned in it, which was must for identification. They have further relied on NLR 1999' Criminal 217 on identification parade 1999 AC 365, 1972 P.Cr. L.J. 310, 1987 M LD 1708; 2004 P.Cr. LJ 458.
5. Learned counsel for the State submits that the accused were arrested and were involved in the crime. He further submits that accused were arrested on the pointation of the complainant but he has not disputed the documents i,e, Memo of arrest of applicants and their identification in the Police Station.
6. After perusal of the FIR it seems that delay in the FIR as well as absence of mobile phone numbers in the FIR and arrest after identification of the accused persons in the Police Station and thereafter exoneration of one of the accused by the complainant needs further investigation in the matter.
7. Therefore, the applicants are granted bail in the sum of Rs, 2,00,000/each with P.R. Bond in like amount to the satisfaction of the trial Court.