The post arrest bail has been claimed by the petitioner Muhammad Abbas in a case FIR No, 80/2011 dated 19.02.2011 registered under Sections 392/411 PPC at Police Station Saddar District Vehari.
2. The allegation against the petitioner is that he in the night between 5/6.02.2011 at about 1:00 a.m., along with his co-accused while armed with fire-arm, entered into the warehouse of Fauji Fertilizer Company, committed violence at the person of Chowkidar Muhammad Latif. tightened his hands and legs, dragged him inside the warehouse, committed violence at the person of the complainant Muhammad Mushtaq and tightened his hands and legs, broke the locks of the gown and the office, summoned the truck, loaded 231 bags of Urea fertilizer, snatched Rs, 8,000/- from the complainant along with mobile phone, a writ watch and a suit, snatched Rs,100/- from the Chowkidar amid locked them in the room. The robbed articles of value Rs,3,10,000/-.
Learned counsel for the petitioner has contended that the alleged occurrence had taken place on 05.09.2011 whereas, the FIR was registered on 19.09.2011 with unexplained delay; the petitioner has been implicated on the supplementary statement of the complainant; that the petitioner was not put in the test of identification parade; that the recovery of mobile phone has not been effected from the petitioner. Therefore, the petitioner is not entitled to the concession of bail.
4. Learned D.P.G for the State has opposed this bail petition and contended that the petitioner was among the persons who robbed the warehouse of F.F.0 and 231 bags of urea fertilizer, snatched the articles from the complainant and Chowkidar. Sufficient incriminating evidence is available against him on the record therefore, he is not entitled for the concession of bail.
5. I have heard the arguments of learned counsel for the petitioner, learned D.P.G for the State and also perused the record.
6. Allegedly, the petitioner along with his co-accused has committed robbery in the warehouse of F.F.0 from where, 231 bags of Urea fertilizer were taken and Rs, 8,000/-, mobile phone and wrist watch were allegedly snatched from the complainant and Rs,100/- were snatched from the Chowkidar. No description of the accused was given in the FIR. The petitioner was not put the test of identification parade. It is alleged that a sim of mobile phone has been recovered from the petitioner but the recovery memo dated 05.04.2011 reveals that The sim No, 0300-5783653 was produced before the I.O. The aforesaid recovery cannot be said to be effected on the pointation of the petitioner and is not helpful to the prosecution at all.
7. In these circumstances, when the accused was not put to the test of identification parade and nothing has been recovered from him, the case against the petitioner has become a case one of further inquiry.
8. In view of above, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of the trial Court.
9. is settled law that only the recoveries effected on the pointation of the accused are admissible as incriminating evidence against the accused. Now, a trend has recently been developed among the investigating officers that they treat the articles produced by someone else before them as the same recovered on the pointation of the accused on the ground that the accused had disclosed that case property was lying with such & such person and he had made a request to the said person to produce the same who has brought the same at the Police Station. The investigating officers after obtaining the case property from the said person, prepare the recovery memo that such & such article has been produced by such & such person and the accused in custody admits that it is the same article or thing which he had robbed and is the case property of this case. Such type of recovery is not on the pointation of accused and cannot be relayed upon by the Courts but the investigating officers prepare such type of recovery memo in order to benefit the accused. This trend should be curbed.
10. I.G Punjab is directed to lock into this delinquency prevailing in his subordinates and ensure the investigation on that criminal cases will be in accordance with law. A copy of this order be sent to I.G Punjab for further necessary action.