1. ' SHAHID ANWAR BAJWA, J.-F.I.R No,295 of 2011 was recorded at Police Station, Halani, on 30-11-2011 at 8-00 p.m. For an incident alleged to have occurred on 28-11-2011 at 0215 hours. The complainant stated that he along with his brother Saindad, nephew Gulshan and other family members were sleeping in his house after locking the outer gate. They were woken up by 0215 by a noise and they saw eight persons standing inside the house who aimed their weapons at the complainant party.
2. The present four applicants are alleged to be amongst the eight trespassers. All the four applicants are alleged to be armed with pistols. The complainant tried to get hold of his pistol but trespassers caught him and gave him butt blows. They are alleged to have taken cash, golden ornaments, licensed pistol and other valuable household articles and locked the family members and went away. The family members raised cries and on their cries neighbours came and set them free. The complainant thereafter went to hospital where he received treatment and thereafter lodged the F.I.R.
3. ' Mr. Zulfiqar Ali. Sangi, learned counsel for the applicant submitted that there is a delay in lodging the F.I.R. And that delay has remained unexplained. He submitted that statement of Saindad is recorded on 2-12-2011 and statement of P.W. Gulshan on 7-12-2011 and statement of P.W. Faiz Muhammad, the neighbour who came and freed the complainant party on 20-12-2011. Learned counsel submitted that the delay creates a doubt and in this regard he relied upon 1997 PCr.LJ 569.
4. Learned counsel submitted that the applicants were arrested on 14-12-2011 and no recovery has been effected from them. Learned counsel relied upon Nazir Ahmed v. State Criminal Bail Application No,632 of 2011 decided on 19-12-2011, Munir v. State 2011 M LD 1234, Shehzore v. State 2006 YLR 3167 and 1995 PCr.LJ 711.
5. ' Mr. Zulfiqar Ali Jatoi, learned Deputy Prosecutor-General submitted that delay in lodging of F.I.R.
6. Has been adequately explained. He submitted that applicants have been nominated in F.I.R. With specific roles and they trespassed into, a house during odd hours, of night and therefore do not deserve any concession of bail.
7. ' I have considered the submissions made by the learned counsel and also gone through the record.
8. The incident alleged in the F.I.R. Is stated to have occurred at 2-15 a.m. On 28-11-2011 and F.I.R. Was registered two days and 18 hours later on 30-11-2011. The only explanation for this delay is that the complainant after the incident went to Halani Hospital for urgent treatment. The injuries are classified as Shajjah-i-Khafifah and Jurh Ghayr-jaifah damihah and they do not appear to be sufficient reasons for delay of almost 66 hours in lodging the F.I.R. When the distance between the place of incident and the police station was only two furlongs. In Muhammad Yasin's case delay in lodging of F.I.R. In a case where recovery had been effected (and in present case no recovery has been effected) has been considered as one of the grounds for allowing bail. The second aspect that though the applicant was arrested on 14-12-2011 but no recovery either of the pistol allegedly used or the items allegedly robbed had taken place. In Nazir Ahmed's case it was alleged that apart from NIC and driving licence Rs,9,04,000 and after four months it was alleged that while driving licence and NIC were recovered no part of the robbed amount was recovered and this was held created a doubt. In the present case no recovery has been effected at all. Therefore, at this stage, the case against the present applicants is not free from doubt.
9. ' There is another aspect of the matter. Statement of Saindad was recorded, it is stated' that, on 2- 11-2011 learned counsel for the applicant argued with vehemence that F.I.R. Was recorded on 30-11- 2011 and statement was recorded on 2-11-2011 and therefore it is a managed incident. A very simple reading indicates that it is a writing error and it is actually 2-12-2011. However, there is no explanation as to why statement of Faiz Muhammad, the neighbour who came and rescued the family was recorded 20 days after recording of the F.I.R. And why it took seven days to record the statement of Gulshan . This long delay in recording statements of the witnesses is on the one hand manifestation of efficiency of police and on the other it throws doubt on the story of prosecution.
10. Result of the above discussion is that this bail application is allowed and the applicants are ordered to be admitted to bail upon their executing a PR bond in the sum of Rs,100,000 (one hundred thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court.