2012 YLR 2374 (PLP)

MUHAMMAD YAWAR ALI, J.--Through this petition filed under sec?tion 497, Cr.P.C. the petitioner Waqar Ali alias Boadi son of Agha Idrees seeks post arrest bail in case F.I.R. No.199 of 2012 dated 27-2-2012 for offense under section 3921411, P.P.C. registered at Police Station Garden Town, District Lahore.

2. According to the F.I.R. on 26-2-2012 at 4-50 p.m. an unknown person armed with a pistol snatched a motorcycle Honda CG.125 Registration. No .LEO-808 belonging to the complainant. A graphic description of the accused person was also given in the F.I.R.

3. The learned counsel for the petitioner submits that the petitioner has not been named in the F.I.R. and was implicated with the commission of offence by the complainant by getting his supplementary statement recorded after six days of the occurrence. The F.I.R. was lodged with a delay of one day. No identification parade was held to connect the petitioner with the commission of offence. No private person was co-opted at the time of raid in Violation of section 103, Cr.P.C. The petitioner is innocent and has been falsely roped in this case.

4. The learned Deputy Prosecutor-General has opposed the petition and submitted that a graphic description of the .accused was given while getting the F.I.R recorded. A motorcycle which was snatched from the complainant was recovered from the petitioner. The petitioner has been charged with an offence which falls within the prohibitory clause of section 497, Cr.P.C, hence the petitioner is not entitled to the concession of bail.

5. No one is present on behalf of the complainant in spite of being informed about the fixation of the case by Sakhawat Ali A.S.-I.

6. After going through the arguments advanced by the learned counsel for the petitioner, the learned Deputy Prosecutor General and perusing the record of the case, it is clear- that the F.I.R. was registered against an unknown person, however, the material particulars and a graphic description of the accused was given in it. The F.I.R. was lodged on the very next day of the occurrence, hence it cannot be said that the same was lodged with an inordinate delay. A motorcycle Honda CG.125 Registration No.LEO-808 belonging to the complainant was recovered from the petitioner. During the investigation the complainant identified the motorcycle recovered from the petitioner to be his own. The petitioner would not get any benefit of section 103, Cr.P.C as he himself led to the recovery of the, motorcycle which was snatched from the complainant. Section 103, Cr.P.C. would apply in a case where the police officials conduct a search of a premises to recover a stolen article but not where a stolen article is recovered on the pointing out of the accused as has been held in Gulsher and another v. The State 2004 YLR 602, Ali Khan and another v. The State 2010 PCr.LJ 11 and Riaz Hussain v. The State 2010 MLD 1127. The complainant whose motorcycle was snatched by the petitioner on gun-point while travelling on a public road has been charged under section 392, P.P.C, an offence which falls within the prohibitory clause of section 497, Cr.P.C. There are no grounds for taking a lenient view in this case as a result of which this petition fails and is dismissed. MWA/W-9/L?????????????????????????????????????????????????????????????????????????????????????? Bail dismissed.