Syed Muhammad Ali Gardazi complainant and his servant were looted at gunpoint by three unknown armed accused at night between 27/28-08.2010 when they were moving on their jeep through Industrial Area Multan; the external features of the accused and their complexion etc. had been mentioned by the complainant in the FIR.
2. The complains in rented his supplementary statement before the I.O. immediate after the registration of FIR and nominated Muhammad Zubair, '(petitioner) and Shahbaz Sharif (petitioner) as the perpetrators,' of the crime. The petitioners were arrested on 30.09.2010. Nothing was recovered from the possession of Shahbaz Sharif accused and a sum, of Rs,5000/- me recovered at the instance of Abide Hussain petitioner.
3. After having heard learned counsel for the partied and perused the record, I find that it is a case which required holding of test Identification Parade as the complainant and his servant were confident about the external features of the assailants which for the reasons, known only to the I.O. has not been got arranged. A golden opportunity for bringing on record a viable piece of evidence has been thrown' away by the Investigating Officer. It has been held time and again that the offences like dacoity etc. should be investigated by some knowledgeable and competent police officer so that the prosecution ease could stand the test of the trial. The police on countless occasions has been to conduct ;to/investigation, of such like cases/off as in a paper, approved of is the law but they do not appear to have received be Same. This Unfortunate, while if must be taken care of by those who are at the We in of affairs CP& police department before it becomes too late.
4. No reason has been advanced by the complainant as to why he could not nominate the petitioner in the FIR and how did learn the names of the accused immediately after the registration of the FIR. The source of the complainant is continuously unknown. The attending circumstances, make it a case of further inquiry in favour of the petitioners within the scope of Section 497(2)
Cr.P.C.
5. Resultantly, the instant petition is allowed and the petitioners are admitted to post arrest bail subject to furnishing bail bonds in the sum of Rs, 1,00,000/- each with one surety each in the like amount to the satisfaction of the learned trial Court.