Through the instant petition, the petitioner-Zaffar Iqbal seeks his post-arrest bail in a case arising out of FIR No, 10, dated 05.01.2012, registered with Police Station Sarwar Shaheed, District Muzaffargarh, under Sections 458/392, P.P.C.
2. Precisely, the allegation against the petitioner is that he along with his co-accused, armed with weapons, forced their entry into the house of the complainant and on gun-point committed robbery of gold ornaments, two mobile phones and cash amount of Rs,5000. Allegedly, three accused out of the four were identified by the complainant in the light of bulb.
3. Arguments heard. Record perused.
4. The petitioner is not nominated in the FIR. He was named through supplementary statement recorded u/S. 161, Cr.P.C, which in no case, can be equated with the FIR. Generally, such statement is recorded to fill the lacunas in the prosecution case and its value can very well be determined by the learned trial Court, after recording of evidence. Even no source of information or identification has been revealed in the supplementary statement that as to how the petitioner was identified as the remaining one unknown person. In these circumstances, non-holding of identification parade, despite of the fact that the description of the accused person has been given in the FIR, bring the case of the petitioner within the ambit of further inquiry. Recovery of ear-rings from the petitioner was firstly made on 16.01.2012 and secondly from the same place, finger-ring was recovered on 18.01.2012. This, prima facie, makes the recovery doubtful. Petitioner is behind the bars since 11.01.2012 and no more required for further investigation. To keep the petitioner in Jail for an indefinite period would not serve any useful purpose, when the trial is not in sight.
5. In view of the above, the case of the petitioner requires further probe into his guilt. Resultantly, the instant petition is accepted and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs,2,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.