1. ' Through this order Criminal Miscellaneous No,2781/CB of 1991 and Criminal Miscellaneous 2524/CB of 1991 are disposed of as both of them have emanated out of F.I.R. No,52 registered at Police Station Larki at the behest of Muhammad Saleem initially under section 379, P.P.C. Read with section 14 of the Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979). It was mentioned by the complainant that on 4-4-1991 when he was coming back after selling the milk, he parked his motor-cycle No,LHD-2965 beside the canal bridge in the area of Rakh Burj Dairy Farm and went to ease himself. When he came back he found the motor-cycle alongwith his bag in which he had put Seiko wrist-watch and Rs,8,000 missing. However, on the same day the complainant through a supplementary statement reported that Messrs Abdur Rashid, Mazhar Ali, Attaullah, Muhammad Azam and Zulfiqar respondents in these petitions stopped his motor-cyde at pistol point, tied his hands and snatched the same. They also deprived him of his wrist-watch as well as Rs,8,000. Thereafter, on the direction of the D.S.P. Section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979) as well as section 395, P.P.C. Were added and the aforesaid respondents were arrested on 24th and 25th of May, 1991 respectively. Stolen motor- cycle was recovered from Abdur Rashid respondent. Currency notes as well as dagger each were recovered from Mazhar All and Zulfiqar Ali respondents respectively.
2. ' The learned Additional Sessions Judge, Lahore granted post-arrest bail to these 5 respondents through different orders of 12-6-1991, 27-6-1991 and 18-7-1991. The main ground which weighed with the learned Additional Sessions Judge was that the respondents were not named in the F.I.R.
3. Supplementary statement made by the petitioner/complainant had been held to be an afterthought. He has further mentioned that the recovery of incriminating material was not made from the exclusive possession of the respondents.
4. ' Learned counsel has sought cancellation on the ground that the police had not recorded true facts of the case and had twisted the version just to benefit the respondents who had deprived the petitioner of his valuables at pistol point. The offence falls within the prohibitory clause and the learned Additional Sessions Judge had exercised his discretion in an arbitrary manner without appreciating the role of the respondents in its true perspective. Learned counsel for the petitioner has also made a statement at the bar that he does not press the cancellation of Attaullah respondent.
5. ' Learned counsel appearing for the State has supported the petitioner in ,his plea of cancellation.
6. ' I have considered the contention of the learned counsel appearing for the parties and have gone through the impugned ordeRs, In this case F.I.R., prima facie, appears to have not been recorded in its true narrative. The petitioner-complainant was constrained to make a supplementary statement and thereafter on the direction of the D.S.P. On 6-4-1991 section 395, P.P.C. As well as section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 were added.
7. It is evident from the complainant's version that respondent Abdur Rashid alongwith other co- accused stopped the petitioner at pistol point and deprived him of his motor-cycle as well as valuables. The learned Additional Sessions Judge without advancing any good reason had admitted the respondents to bail in a case which falls within the prohibitory clause. It is in evidence that the recovery of motor-cycle had. Been effected from Abdur Rashid respondent while the currency notes and a dagger each were recovered respectively from Zulfiqar Ali and Mazhar Ali respondents. The veracity of the recovery is yet to be established at the time of trial through production of evidence and the remarks of the learned Additional Sessions Judge dubbing the same as doubtful by placing reliance upon 1991 P Cr. L J 370 is not apt as the facts of that case were completely different because that observation was rendered after conviction in the exercise of revisional power. In these circumstances, keeping all the aforesaid features of the case and the role of the respondents and the fact that the offence falls under the prohibitiory clause into consideration, I cancel the bail of Abdur Rashid, Mazhar Ali and Zulfiqar Ali. The prayer for cancellation qua Attaullah and Muhammad Azam is rejected.