' Muhammad Yasin son of Noor Muhammad and Israr Hussain son of Muhammad Hussain, petitioners, have sought their post-arrest bail in a case F.I.R. No,131 of 2001, registered at Police Station Ghallah Mandi, Sahiwal, on 2-5-2001 for offences under sections 394 and 411, P.P.C.
2. The relevant facts as given in the F.I.R. Are that petitioners, Muhammad Yasin while armed with a pistol .30 bore and Israr Hussain while armed' with a churri alongwith other co-accused trespassed into the house of the complainant and tried to commit robbery. During the occurrence the complainant also received injuries at the hands of Muhammad Yasin, petitioner.
3. The petitioners were arrested in this case on 11-5-2001 and led to the recovery of pistol and churn along with certain stolen articles.
4. The learned counsel for the petitioners argues that there is a delay of three days in lodging the F.I.R., that the recoveries were, in fact, planted upon the petitioners; that the case was registered because of enmity; and that despite the lapse of nine months the challan/report under section 173, Cr.P.C, has not been submitted. Before any Court of law, therefore, the petitioners deserve their releases on bail.
5. On the other hand, the learned counsel appearing on behalf of the State has vehemently opposed -the grant of bail and contended that the petitioners had committed a heinous offence, which attracts the provisions of the prohibitory clause of section 497, Cr.P.C., therefore, in such like case the refusal of bail should be a rule.
6. I have heard the learned counsel for the parties and have gone through the record. It has been noticed that the petitioners were named in the F.I.R. Specific roles were attributed to them. Certain recoveries were effected from the petitioners during investigation. Section 394, P.P.C. Is punishable with imprisonment for life. Reasonable grounds exist to connect the 'petitioners with the afore referred offence.
7. In these circumstances, I fmd no merits in this petition and the same is dismissed. However, the S.H.O. Concerned is directed to submit challan/report under section 173, Cr.P.C. Without any further delay. The office is directed to send a copy of this order to the S.H.O. Concerned.