S. 379--Bail after arrest, grant of--Allegation of theft of wheat crop--Although petitioners were named in FIR with allegation of cutting wheat crop of complainant and destroying ........

 PLJ 2023 Cr.C. (Note) 208
[Lahore High Court, Multan Bench]
Present: Muhammad Waheed Khan, J.
GHULAM ABBAS etc.--Petitoners
versus
STATE, etc.--Respondents
Crl. Misc. No. 3244-B of 2023, decided on 1.6.2023.

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

----S. 498--Pakistan Penal Code, (XLV of 1860), S. 379--Bail after arrest, grant of--Allegation of theft of wheat crop--Although petitioners were named in FIR with allegation of cutting wheat crop of complainant and destroying same but land from which it was stolen is admittedly shared by both parties and in this way, it is matter of trial to ascertain role of accused persons in light of revenue record--Matter was reported to Police with unexplained delay of one month and 13 days--Investigation has already been completed, so, handing over custody of petitioners to police is neither likely to serve any useful purpose to prosecution nor it seems justified--Bail allowed.         [Para  4] A

Mr. Muhammad Faisal Bashir Chaudhary, Advocate with Petitioners.

Mr. Muhammad Faheem Sial, Assistant District Public Prosecutor for State.

Mr. Abdul Rehman Zouq, Advocate for Complainant.

Date of hearing: 1.6.2023.

Order

Petitioners, Ghulam Abbas, Dilshad, Sajjad Ahmad and Muhammad Majeed, apprehending arrest at the hands of local police seek pre-arrest bail in case FIR No. 226 dated 10.04.2023, under Section 379, PPC registered with Police Station Kot Sultan, District Layyah.

2. The petitioners were booked in the instant crime report with the allegation of theft of wheat crop of the complainant, hence, this case.

3. Pro and contra arguments have been heard. Record Perused.

4. Although petitioners were named in the FIR with the allegation of cutting wheat crop of the complainant and destroying the same but the land from which it was stolen is admittedly shared by both the parties and in this way, it is matter of trial to ascertain the role of accused persons in the light of revenue record. In addition to this, the alleged occurrence took place on 25.02.2023 whereas, the matter was reported to Police with unexplained delay of one month and 13 days on 10.04.2023. Even otherwise, it is apprised that the investigation has already been completed, so, handing over the custody of the petitioners to the police is neither likely to serve any useful purpose to the prosecution nor it seems justified.

5. In view of the above, this petition is allowed and ad-interim pre-arrest bail already granted to the petitioners is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs. 2,00,000/-(Rupees two lacs) each with one surety each in the like amount to the satisfaction of learned trial Court.

(A.A.K.)          Bail allowed