1. ' MUNIB AHMAD KHAN, J.---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 F.I.R. Has been concocted. The applicant was allegedly arrested in an F.I.R. 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 PLD 1999 Pesh. 39 stating that if custody is found illegal then accused has to be released. They have also relied upon 1992 PCr.LJ 357; 1987 PCr.LJ 2423; 1997 M LD 2101 on the same point. Learned counsel further submits that the alleged incident is, dated 4th March, 2007 but F.I.R.
3. 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. They have further argued that the F.I.R. Is almost blank and even mobile numbers have not been mentioned in it, which was must for identification. They have further relied on 1998 PCr.LJ 1236 on identification parade 1998 PCr.LJ 1693, 1972 PCr.LJ 310, 1987 M LD 1708; 2004, PCr.LJ 458.
4. ' Learned counsel of 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.
5. After perusal of the F.I.R. It seems that delay in the F.I.R. As well as absence of mobile phone numbers in the F.I.R. 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. Therefore, the applicants are granted bail J the sum of Rs.2,00,000 each with P.R. Bond in like amount to satisfaction of the trial Court.