' SYED IFTIKHAR HUSSAIN SHAH, J.---Intizar Hussain petitioner seeks post arrest bail in case FIR No,287 dated 27-8-2012 registered under sections 395/412, P.P.C. At Police Station Satiana, Faisalabad.
2. The allegation against the petitioner is that in the night on 25-8-2012 he along with his co- accused while armed with fire arms in the area of Chak No,38 G.B., snatched Dala No,5286/KP and robbed the driver Khalid Mehmood and sons of the complainant namely Saddam and Rashid and deprived them from cash, mobile phones and valuables.
3. Learned counsel for the petitioner has contended that case against the petitioner is false and concocted one; that the petitioner is not the nominated accused of the FIR, which was lodged after three days of the alleged occurrence without plausible explanation of that inordinate delay; that the petitioner was implicated in this case after four months of the occurrence wherein no source of information has been mentioned; that the petitioner was arrested in this case on 28-1-2014 and the recovery of Rs,11,000 has been effected from him on 4-2-2014, therefore, he is entitled to the concession of bail at this early stage.
4. On the other hand learned DDPP has opposed this petition and it is contended that the petitioner along with his co-accused committed the heinous offence of robbery on highway and deprived the son of the complainant and his driver from the valuables, therefore, he is not entitled to the concession of bail.
5. I have heard learned counsel for the petitioner, learned DDPP for the State and have perused the record.
6. The occurrence of this case had taken place on 28-5-2012 and the FIR was lodged on 27-8-2012 against unknown accused persons. The petitioner was implicated in this case on supplementary statement of the complainant dated 13-1-2013 wherein it is mentioned that he had been in the search of accused and on the day, he had come to know about the involvement of the present petitioner and other co-accused in this occurrence.
7. In the FIR it is mentioned that the driver of the complainant along his sons of the complainant was coming on Dala towards Tandlianwala and they were robbed on their way in the area of Chak No,38 G.B. Whereas in the supplementary statement it is mentioned that Dala was snatched from the complainant himself on gun-point at Satiana Adda.
8. The petitioner was arrested in this case on 28-1-2014 and it has been mentioned in case diary No,100 dated 28-1-2014 that the petitioner along with his co-accused Muhammad Hussain was arrested on the said day, they were personally searched and nothing was recovered from them and they are locked in the lockup of the Police Station. Thereafter, the petitioner was produced before the learned Area Magistrate and during his physical remand on 4-2-2014 he allegedly produced his share of robbed amount of Rs,11000 before the police, which was taken into possession vide recovery memo dated 4-2-2014 witnessed by Mubarak Ali and Abdul Razaq constables.
9. The petitioner was searched at the time of his arrest and nothing was recovered from him at that time. Thereafter, he was locked in the lockup of the Police Station on 28-1-2014. There is nothing in the recovery memo dated 4-2-2014 that from where Rs,11000 came and were produced by the petitioner before the police as share of his robbed amount, which was allegedly taken into possession vide aforesaid recovery memo. It is settled law that only those recoveries are admissible in evidence which are effected on the pointation of the accused but in this case there is nothing on record that from where and how the aforesaid amount came to the petitioner in the lockup to produce before the police. Therefore, the case of the petitioner is one of further inquiry.
' In view of above, the petition in hand is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,100,000 with two sureties in the like amount to the satisfaction of learned trial Court. The I.O. Of this case has been found negligent in the performance of his duty.
A copy of this order be sent to the DPO concerned for looking into the matter and proceed against the delinquent police officials/officers.