Ali Baqar Najafi, J. --- Muhammad Ramzan petitioner seeks post-arrest bail in case F.I.R. No. 545 registered at Police Station Satellite Town , Jhang on 25.07.2012 for offences under sections 394/411, PPC.
2. As per FIR at 10:00 p.m. on 23.07.2012, the complaint alongwith Esa Khan riding on a motorbile was gong near 5th Mile Gojra Road, suddenly three unknown persons riding on another motorbike came behind and stopped them on gunpoint. They snatched motorbike alongwith mobile and cash Rs. 12,000/- and gold ring valuing Rs. 60,000/-from Esa Khan. When the inhabitants of the area came there on hue and cry raised by the complaint, the accused persons fired with 30 bore rifle hitting Zar Badsha on his right calf. The assaliants thereafter escaped. Hence, this FIR.
3. The Learned coucel for the petitioner subsmits that there is an unexplained delay of two days in lodging the FIR; that the motorcycle was not recovered from the possession of the petitioner; that recovery of 30 bore pistol was allegedly affected from the petitioner whereas the fire was shot by 12 bore rifle that during the initial days of month, it is difficult to recongnize anyone in the night; that petitioner was arrested on 21.09.2012 and, therefore, prays for grant of post-arrest bail.
4. Conversely the learned DDPP assisted by the learened council for the complainant submits that the gold ring valuing Rs. 60,000/- alongwith 30 bore pistol has been recovered from the petitioner; that test identification parade has been held fully involving the petitioner; that no mala fide on the part of the complainant party has been alleged so as to fasely implicate yet Section 394, PPC is attracted. Places reliance upon the cases of Saeed Ahmad v. The State [2012 P.Cr.L.J. 1293] and Muhammad Ramzan v. The State [2013 p.Cr.L.J. 600]
5. I have heard the learned counsel for the parties and perused the available record.
6. Although the petitioner is not nominated in the F.I.R. yet identification parade has been held to identity the petitioner. The gold ring alongwith csh of Rs. 6000/- has been recovered from his possession. The question whether the fire was shot by rifle or by 30 bore pistol will be better appreciated by the Trial Court after recording of evidence Prima facie the petitioner is connected with the commission of offence. Even otherwise under Section 394, PPC the Petitioner is also jointly responsible for the crime of looting and injuring Zar Badshah. The case-law cited by the opposite side is attracted in the facts and circumstances of this case.
7. In this view of the matter, the case of the petitioner does not call for Further inquiry within the purview of sib-section (2) of Section 497, Cr.P.C. This petition has no merits and the same is therefore dismissed.