ORDER M.A. ZAFAR, J. - Sheharyar alias Shehri seeks post-arrest bail in case F.I.R. No. 474/2007, dated 7.6.2007 for the offences under Sections 411/392, P.P.C, registered with Police Station Satokatla, Lahore at the instance of Muhammad Imran Sohail complainant.
2. As per allegation levelled in the F.I.R, complainant with one Arslan was on way to market on 6.6.2007 at 10.45 a.m. At Mian Road, WAPDA Town, K-1 Block, a Honda City White colour Car stopped near them and four boys of 25/30 ages on a gun point snatched two mobile phones of the complainant and cash Rs. 15,000/-, I.D. Cards and other papers and from hrs friend Arslan Mobile Phone, cash Rs. 6,000/-, I.D. Card and other documents were snatched. I
3. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R., he was named by the complainant in the supplementary statement made on 8.10.2007 and no identification parade was held in this case.
4. On the other hand, learned D.P.G, submits that during the course of investigation Mobile Nokia Phone 1100 alongwith. Sim was recovered from the petitioner on 7.12.2007.
5. After hearing .Learned counsel for the parties and perusing the record I find that petitioner is not named in the F.I.R., he was involved in this case on the basis of supplementary-statement allegedly made on. 8.10.2007. The veracity of the alleged supplementary statement made after about two months of the occurrence will be considered by the learned Trial Court after recording the evidence. Any observation at this stage may prejudice the case of either side during the trial.
Petitioner was arrested in this case on 9.10.2007 and alleged recovery was effected from him on 7.12.2007 after two months of the alleged arrest whereas an accused cannot be kept in custody in a police remand beyond, a period of 14 days and thus the recovery allegedly effected from the petitioner appears to be a planted one and casts serious doubt about the entire prosecution case set up against the petitioner. Petitioner is in custody for the last about one year and his trial has not been conduced so far. Petitioner has no previous record of involvement in such like cases and his case clearly falls within the purview of Section- 497(2), Cr.P.C, requiring further inquiry. Into his guilt.
6. For the foregoing reasons, this petition is accepted and petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- (one lac) with one surety in the like-amount to the satisfaction of learned Trial Court.