1. MUHAMMAD TASNIM, J.---The applicant is booked in Crime No. 45 of 2009 registered with Police Station Hingorja, for offences under sections 395, P.P.C. And 17/3, Offences Against Property (Enforcement of Hudood) Ordinance, 1979.
2. Precisely, stated facts, according to F.I.R., are that the same was lodged by Noor Muhammad on 25-8-2009 at 2345 hours, by stating that the complainant was driver of trailer bearing No. TLP-765 belonging to one Muhammad Nawaz, and on 24-8-2009, the complainant along with Cleaner Naseer Ahmed, having loaded his trailer with 900 Bora of Sooters, was proceeding to Karachi, and on his reaching near Hingorja curve, all of sudden six persons, whom the complainant would recognize if seen again, came and signaled the vehicle to stop, and the complainant stopped the vehicle, which was, ultimately, on pointation of weapons, robbed by the accused persons, who led the vehicle towards Sukkur. Upon communication of the said news to the owner of vehicle, the complainant was advised to get the F.I.R. Registered, thus it was registered.
3. Learned counsel for the applicant submits that alleged incident took place on 25-08-2009 at 11-45 p.m. And F.I.R. Was registered on 11-9-2009 at 1400 hours at Hingorja Police Station, District Khairpur.
4. However, name of present Applicant or any other person was not mentioned in the F.I.R. He further says that present applicant was arrested from Sukkur on 22-10-2009 and he was booked in another Crime No. 204 of 2009 of P.S. A-Section, Sukkur under section 412, P.P.C. Learned counsel further says that present applicant was facing trial in Sessions Case No. 415 of 2009 in the subsequent F.I.R. And has been released on bail by learned trial Court vide order dated 18-3-2010.
5. He further says that there is inordinate delay in lodging of F.I.R. And no plausible explanation has been put forth by the Prosecution. He also says that no recovery, whatsoever, has been effected from the applicant. Learned counsel submits that after arrest of the present applicant on 22-10- 2009, the alleged offence which is the subject-matter of this case, has been foisted upon the present applicant with mala fide intention by the Police. He says that no identification parade was held. Learned Counsel for the applicant prays for grant of bail.
6. On the other hand learned APG only opposed the grant of bail on the ground that there appears to be no enmity of the applicant with the Police. However, he says that Mashirnama of recovery of Troller does not contain the name of present applicant and contents of Mashirnama show that Troller was recovered from an open plot. Learned APG could not justify the delay in lodging of F.I.R.
7. Since there is unexplained delay in lodging of F.I.R. On the part of prosecution and no recovery has been effected from the present applicant or on his pointation. The applicant was arrested after two months of the date of alleged incident and that too from Sukkur whereas the alleged incident took place at Hingorja, District Khairpur. In this view of the matter, I am of the considered opinion that this is a fit case in which further enquiry in terms of subsection (2) of section 497, Cr.P.C. Is called for.
8. Accordingly, I admit the applicant to bail on his furnishing solvent surety in the sum of Rs. 1,00,000 (Rupees one lac) and execution of Personal Bond in the like amount to the satisfaction of the trial Court.