' This petition pertains to a case F.I.R. No,11, dated 13-1-1984, ' Police Station Muridke, district Sheikhupura, under section 17 of Ordinance No,VI of 1979. It was registered on the statement of Faqir Muhammad, Driver of Flying Coach Van No,LHF/9405. It is alleged therein that on the night between 12/13.1.1984, he left Rawalpindi for Lahore with passengers.
When he neared Gujranwala, a passenger told him that he was feeling unwell, therefore, came and sat near the exit door. He felt like vomitting but a short while thereafter went back in his seat. A short while thereafter a person shouted from behind that the wagon should be stopped. This happened in between village Kamoki and Sadhoki. The wagon stopped and suddenly one man came to the driver, took out his pistol and asked the driver to go in the rear of the wagon. The person, who was holding pistol, started driving the wagon and two other persons who were also armed, told the passengers to hand over everything that they possessed. In this way, they collected Brief-case and other articles valuing Rs,5 Lacs. They asked the passengers to get down from the van and themselves drove away the said wagon.
2. It appears that the petitioner alongwith two others was driving in a Taxi Cab. They were all apprehended on 13.1.84 by Yakki Gate, Lahore Police. Gulraiz Akhtar and his two companions were holding Brief-cases. From the Brief-case, held by Gulraiz, a revolver, a camera, an envelop bearing the address of Gulraiz, two bottles of perfume, a tin of powder, Dopatta, Chaddar and a suit along with MAG Magazine bearing the name of Leiutenant-Colonel Muhammad Faheem and a cash of Rs,5,200 were recovered. Gulraiz and his companions were arrested in Arms Ordinance case, and information about their arrest was conveyed to various police stations. The police from Police Station Muridke reached the Police Station Yakki Gate, Lahore and formally arrested Gulraiz Akhtar petitioner and his two co-accused. The police arranged test identification parade in jail on 17.1.1984 and it is stated that nine passengers from the Van were able to identify him as one of the dacoits. It appears that Gulraiz is involved in cases from Lahore, Sheikhupura and Sargodha as stated by the learned counsel for the State. He moved an application for his bail but was unsuccessful before the Additional Sessions Judge, hence this petition.
3. It is contended by the learned counsel for the petitioner that there was no recovery from the petitioner; that the test identification parade was held after 4 days of his arrest and, therefore, was of no value; and that the petitioner was not produced before any Magistrate for a remand order after February 1984. It is, therefore, argued that the case of the petitioner is that of further inquiry entitling him to bail. Learned counsel for the State has opposed this petition.'
4 I have gone through the police diaries of this case and find that the petitioner was arrested by the Yakki Gate Police and a Brief-case was recovered from his possession, which contained articles given in detail above including MAG Magazine which had the name of Lt.-Col. Muhammad Faheem Khan. He was one of the passengers travelling inA the Van. He was examined by the police on 13.1.1984 and he fully supported the case of the prosecution and identified the articles which belonged to him. In this view of the matter, it cannot be said that no incriminating article was recovered from the petitioner. The effect of delay of four days in arranging the test identification parade will be gone into after recording of the evidence and cannot be considered ground for bail at this stage. It is correct that from the police diaries it appears that the petitioner was not produced for legal remand before any Magistrate in case pertaining to F.I.R. No,11 P.S. Muridke but I am told that as the petitioner was required in various cases in Districts Sargodha and Lahore, therefore, the petitioner was produced before the Magistrates in those districts for judicial remand.
In view of this I find no merit in this petition, which is accordingly dismissed.