' MUHAMMAD AHSAN BHOON, J.--- The petitioner, Yaseen, through this petition, seeks post-arrest bail in case F.I.R. No,986, dated 28-9-2008 registered under sections 395/412, P.P.C. With Police Station Khurrarianwala, District Faisalabad.
2. Precisely narration of F.I.R. Recorded on the application of Rasheed Ahmad Khan, complainant, is that on 27-9-2006 at 9-30 p.m. 25/30 persons who were armed with kalashnikov, G-3, Rifles, .222 bore rifles came at the spot and on gun point tied the hands of some of the persons including Shahzad and they took away all the valuable belongings including 300 Tolas gold ornaments, two licensed .7 mm rifles, two rifles .222 bore, one gun double-barrel (BSA), one revolver .38 bore (USA), one revolver .32 bore, cash amount of Rs,20,00,000 two Motorola sets, two Sonny Ericsion, three Samsung, four Nokia, and two wrist watches, Omega, details of which have been given in the F.I.R.
3. Learned counsel for the petitioner contends that this is a case wherein supplementary statements were recorded by the complainant as many as 11 th time and the petitioner was arrayed as an accused along with 2 others in the last supplementary statement i.e, 11th time, on 13- 2-2007, which has no value in the eyes of law; that he remained on remand in two other different cases but no recovery was effected from him and in the present case the only recovery of rifle .222 bore and rifle G-3 was planted upon the petitioner and if any other recovery has been planted, there is no memo. Of recovery available on record. He further contends that the petitioner is behind the bars for the last more than two years and there is no progress in the trial, hence case of the petitioner falls within the purview of subsection (2) of section 497, Cr . P . C .
4. On the other hand, learned D.P.-G. Has opposed the prayer for grant of bail by submitting that the petitioner is habitual offender. He being a member of a gang committed heinous offence. 50 Tolas gold ornaments and cash amount of Rs,1,50,000 were recovered from the possession of the petitioner and the recovery memo. Was duly prepared by the Investigating Officer Zafar Ullah Khan on 9-6-2007 and the petitioner is not entitled for bail.
5. After hearing the learned counsel for the parties and going through the record, I have found that there is positive allegation in the F.I.R. That 25/30 persons entered the house of the complainant and on gun point whole family was detained and thereafter they looted the valuable belongings including cash amount out of which, afore noted items were recovered from him vide recovery memo. During the course of investigation. I have perused the file. The recovery memo. Duly prepared by the Investigating Officer is available on police file. No doubt, it is a case wherein eleven different supplementary statements were recorded and different persons were interrogated. The petitioner was nominated in the supplementary statement by the complainant and extra-judicial confession made by him before the complainant and other P.Ws. Including Ahmad Khan; Hafiz Munawar is available on record, which supports the prosecution version. The petitioner is record- holder. Prima facie, he is involved in heinous crime, which falls within the prohibitory clause of section 497(1), Cr.P.C. The case-law relied upon by the learned counsel for the petitioner is distinguishable from the facts and circumstances of the present case. Resultantly, this petition having no merit is dismissed.
6. Before parting with this order, I may also observe here that speedy trial is right of an accused; therefore, the learned trial Court is directed to conclude the trial expeditiously but preferably within a period of six months from today. Any observations made by this Court are tentative in nature and shall not prejudice the case of either party before the trial Court.