Theft --- Ad - interim pre arrest bail , confirmation of --- Further inquiry --- Female accused --- FIR was lodged after an inordinate delay.............

2023 SCMR 1729

 Theft --- Ad - interim pre arrest bail , confirmation of --- Further inquiry --- Female accused --- FIR was lodged after an inordinate delay of more than three months for which the complainant did not utter a single word --- Co - accused of the petitioner , who was ascribed a similar role , had been granted post - arrest bail by the court of competent jurisdiction --- Petitioner was a lady of advanced age --- Maximum punishment provided under the statute for the offence under section 379 , P.P.C. was three years and the same did not fall within the prohibitory clause of section 497 , Cr.P.C .--- Case of the petitioner squarely fell within the ambit of section 497 ( 2 ) , Cr.P.C. entitling for further inquiry into her guilt --- Petition for leave to appeal was converted into appeal and allowed , and ad - interim pre - arrest bail granted to the accused was confirmed .


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