FALAK SHER, J.- This order will dispose of Crl. Misc. Nos. 4513-B to 4515- B of 1993 having commonality of facts and law viz., petitioners members of the . Police force are seeking post-arrest bails in the cases registered vide FIRs No. 180 of 26.4.1993 under section 395 PPC read with section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 alleging house- trespass by night and dacoity of the within mentioned articles of jewellery and watch worth Rs.
18,000/- at gun point by 5 persons, 3 of whom were equipeped with firearms and identified by description with two named i.e. Munir Masih and Faqiria Bhatti, No. 188 of 28.4.1993 under section 382 PPC read with section 17 of the Offences Against Property (Enforecment of Hudood) Ordinance, 1979 alleging house trespass and theft to Luminar T.V. by 7 persons, three of whom were identifed by name including the petitioners and No. 186 of 28.4.1993 under identical provisions alleging thft of ornaments, clothes and Rs. 2,000/- cash, cumulatively amounting to Rs. 20,000/- by persons. one of whom identifed by name being petitioner No.1 at police station A Division kasur contending false involvement at the instance of Muhammad Anwar S.I. for having reported his son shehryar for narco trade and him for excessiveness to the authorities, belated recourse to the police, lack of identification parade, disowning of the complained of recoveries by the witnesses thereof through sworn affidavits, sufference of nearly 9 months incarceration and with the submission of challan are no more required by the investigaion agency. While learned counsel appearing on behalf of the state opposed the same reiterating the preosecution story.
2. I am afraid, though the contention as to mala fide remains unsubstantiated, while belated lodging of the FIRS has been duly explained therin and the plea qua lack of identification parade has been advanced in oblivion of the petitioners being named accused in the latter two cases, thus are ill-founded; however, on account of petitioners' 9 months incarceration without trial the recovery witnesses resiling, are entitled to the sought for concession; consequently, are allowed bail upon furnishing bonds in the sum of Rs.30,000/- each with two sureties each in the like amount to the satisfaction of the trial Court.