1. It is alleged that on the night between 7th and 8th of June, 2000 at 1-00 a.m. Complainant Muhammad Sharif, his brother Lal Muhammad and nephew Arz Muhammad woke up on barking of dogs and in the electric light saw thieves including applicant Ghulam Fareed Nindwani, who was armed with Lathi and others armed with guns and K. Ks, who were untethering their bullock. They raised alarms and Lal Muhammad grappled with the culprits. He was given Lathi blow by Ghulam Fareed which hit him on his leg. The other culprits made fires in air from their guns and K.Ks., and went away.. The incident was reported to Police Station Bahu Khoso after 20 days i,e, on 28-6-2000.
2. The applicant was arrested on 25-9-2000. Learned counsel for-the applicant submitted that there is inordinate delay of 20 days in lodging the report with police for which there is absolutely no explanation in the F.I.R. Learned State Counsel admits that the F.I.R. Is silent about this delay. Mr.Soomro further contended that applicant has completed a period of more than one year in continuous detention much before omission of 3rd and 4th provisos to section 497, Cr.P.C.
3. The State Counsel on being asked in this behalf was not able to find out any material on record to suggest that Lal Muhammad was referred to concerned Medical Officer for examination or treatment although this was an important part of evidence but the same is missing and no explanation can be gathered from police papers. The delay in lodging the F.I.R has gone totally unexplained, although the applicant was known to the complainant party. These circumstances tend to show that the guilt of applicant requires further enquiry. Besides, the applicant has also remained in custody for a period of one year-and 7 months. Accordingly, the application is allowed. Applicant be released on furnishing surety in the sum of Rs,100,000 and executing P.R.
4. Bond in the like amount to the satisfaction of trial Court.