Ss. 382/458/380/411--Post arrest bail--Grant of--Petitioner is nominated in the F.I.R. and was arrested in this case and during the course of investigation, he got recovered a cow and loader rikshaw-

 PLJ 2022 Cr.C. 653

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 382/458/380/411--Post arrest bail--Grant of--Petitioner is nominated in the F.I.R. and was arrested in this case and during the course of investigation, he got recovered a cow and loader rikshaw--Section 458 PPC is concerned, since the complainant has not leveled any allegation of house breaking, so, this offence does not attract in this case--Section 382 PPC has already been deleted during the course of investigation and as far as Section 380 PPC is concerned, the same carries punishment for 07-years imprisonment, which does not fall within the prohibitory clause--Petitioner is previously involved in two criminal cases but at the same time admitted the no conviction has been recorded so for against him--Bail allowed.      

                                                                              [P. 654] A, B, C & D

Sh. Muhammad Rahim, Advocate for Petitioner.

Malik Mudassir Ali, DPG for State.

Khawaja Qaisar Butt, Advocate for Complainant.

Date of hearing 8.11.2021.

 PLJ 2022 Cr.C. 653
[Lahore High Court, Multan Bench]
Present: Muhammad Waheed Khan, J.
AMJAD HUSSAIN--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 7544-B of 2021, decided on 8.11.2021.

Order

Through the instant petition, petitioner Amjad Hussain seeks post-arrest bail in case FIR No. 182/2021 dated 31.07.2021 registered u/S. 458, 380, 411, PPC (Section 382 P.P.C. deleted and 411, P.P.C. added) at P.S. Saddar Taunsa Sharif, D.G. Khan.

2. The petitioner along with others was booked in the instant crime report, with the allegation of theft of two cows, the detail of which has been given in the F.I.R., in the intervening night of 30&31.07.2021, in the area of Mauza Gadi, situated within the territorial limits of above said Police Station.

3. Pro & contra arguments heard. Record perused.

4. There is no denial of the fact that the petitioner is nominated in the F.I.R. and was arrested in this case on 03.08.2021 and during the course of investigation, he got recovered a cow and loader rikshaw on 08.08.2021. Learned counsel for the petitioner has vigorously argued that the offence u/S. 380, P.P.C. does not fall within the prohibitory clause of Section 497, Cr.P.C. and as far as Section 458, P.P.C. is concerned, since the complainant has not levelled any allegation of house breaking, so, this offence does not attract in this case. I have perused the contents of F.I.R. and noted that the complainant has not levelled allegation of house breaking, however, this aspect shall be adjudged by the learned trial Court on the strength of evidence adduced before it. Section 382, P.P.C. has already been deleted during the course of investigation and as far as Section 380 P.P.C. is concerned, the same carries punishment for 07-years imprisonment, which does not fall within the prohibitory clause of Section 497, Cr.P.C. and bail in such like cases is a rule and its refusal is an exception. It is apprised to the Court that report u/S. 173, Cr.P.C. had been submitted before the learned trial Court on 17.08.2021, meaning thereby that continuous detention of the petitioner will not serve any useful purpose for the prosecution. Learned counsel for the complainant apprised the Court that the petitioner is previously involved in two criminal cases but at the same time admitted the no conviction has been recorded so far against him. The other aspect of the case is that co-accused Muhammad Nawaz, who was implicated in this case through a supplementary statement, has already been allowed bail by the Court of first instance, hence, this petition is allowed, and the petitioner is admitted to post-arrest bail, subject to his furnishing surety bond in the sum of Rs. 2,00,000/- (Rupees two lacs) with one surety in the like amount to the satisfaction of the learned trial Court.

(M.A.B.)         Bail allowed