1. ' AFTAB AHMAD GORAR, J---Through this bail application, applicants Muneer Ahmed and Atta Muhammad, both by caste Aakhwandani Brohi, seek post-arrest bail in Crime No,3 of 2012, registered at Police Station A/Section Shandadkot, for offence under sections 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and 34, P. P. C ' According to the case of prosecution on 13-1-2012 complainant Muhammad Nawaz Khoso, resident of Village Meer Abdul Qadir Khoso, Taluka Qubo Saeed Khan, lodged F.I.R. At Police Station A/Section, Shandadkot, stating therein 3-1-2012 he along with his cousins Ghulam Rasool Khoso and Manzoor Ahmed Khoso were returning from Mirokhan to their village. He was himself driving the tractor. At about 11-00 a.m., when they reached at the Qubo Bypass Road, Shandadkot, four persons intercepted them, who were identified to be (1) Muneer Ahmed Palal, armed with Repeater,
(2) Atta Muhammad Brohi, armed with Kalashnikov (the present applicants), (3) Asghar Khokhar.
2. Armed with Kalashnikov and (4) Wahid alias Zahid Hussain Brohi, armed with pistol. It is alleged that accused Atta Muhammad robbed the key of tractor from complainant and accused Muneer Ahmed robbed cash Rs,30000 from complainant's cousin Manzoor Ahmed and then all the accused persons drove away the tractor of the complainant. The complainant then went to his village, waited for his nekmards who had gone out of village and on their return the complainant told the above facts, who advised him to lodge the F.I.R. The complainant then went to police station and lodged the F.I.R.
3. ' Bail application was filed on behalf of applicants before the learned trial Court, which was dismissed by the learned Additional Sessions Judge, Kamber vide order 29-3-2012. Thereafter, applicants have approached this Court.
4. ' Learned counsel for the applicants contended that there is delay of 10 days in lodging the F.I.R., as the incident took place on 3-1-2012 and the F.I.R. Was lodged on 13-1-2012 and the complainant has not furnished any explanation for such inordinate delay. He further contended that on 20-1-2012 police of Police Station Qubo Saeed Khan recovered the tractor from the present applicants and such F.I.R. Bearing Crime No,2 of 2012 was registered at Police Station Qubo Saeed Khan, for offence under sections 324, 353, 34, P.P.C., but the police did not mention section 412, P.P.C. In the F.I.R. He further contended that the complainant himself has stated in the F.I.R. That after consultation with nekmards he has lodged the F.I.R., therefore, false implication of the applicants cannot be ruled out.
5. He further contended that the applicants are behind the bars since last about one year, but the trial has not yet been concluded.
6. ' On the other hand, learned State Counsel vehemently opposed the bail application and contended that applicants are nominated in the F.I.R. Recovery of robbed tractor was effected from them along with unlicensed Pistol and Kalashnikov.
7. ' I have heard the learned counsel for the parties and perused the police file.
8. The complainant has given the names of present applicants with their parentage and previous and present residential addresses, which shows that the applicants were previously known to the complainant party, but even then the F.I.R. Of the alleged incident was lodged after 10 days of the incident and that too after consultation with the nekmards. This fact alone casts serious doubt upon the prosecution story. Record shows that an unregistered tractor was allegedly recovered from the applicants by the police of Police Station Qubo Saeed Khan after an encounter between the police and the applicants and such F.I.R. Bearing Crime No,2 of 2012 was registered at Police Station Qubo Saeed Khan, for offence under sections 324, 353, 34, P.P.C., however, Section 412, P.P.C.
9. Was not applied by the police in the said F.I.R. Moreover,' during the, alleged encounter between police and the applicants nobody from either side is shown to have received any injury, even no bullet hit to the tractor or the police mobile van. Record further shows that applicants have been granted bail in crime No,2 of 2012 of Police Station Qubo Saeed Khan, by the learned Additional Sessions Judge, Shandadkot and certified copy of such order dated 13-3-2012 is available in the file. The facts that the applicants are presently residing in Balochistan and the tractor was allegedly robbed by the applicants from the complainant party within the jurisdiction of Shandadkot and the same was allegedly recovered from them in the jurisdiction of Police Station Qubo Saeed Khan, where the complainant party is residint, on 20-1-2012 i,e,, within 7 days of lodgment of F.I.R by the complainant, do not appeal to reason and create reasonable doubt, as it is highly unbelievable that after committing robbery the accused persons would ply the said robbed tractor in the area, where the complainant party is residing. In these circumstances, in my opinion the case against the applicants requires further enquiry, therefore, this application is allowed and the applicants are directed to be released on bail subject to furnishing surety in the sum of Rs,100,000 (One lac) each and P.R bond in the like amount to the satisfaction of the trial Court.