2023 SCMR 1773
Theft by clerk or servant of property in possession of master , dishonestly receiving stolen property --- Pre - arrest bail , grant of --- Entire transaction took place in a span of more than four years and no fraudulent specific dates for commission of theft have been given --- FIR was lodged with an inordinate delay of 13 days for which the complainant did not utter a single word - Only allegation against the petitioner ( accused ) is that he used to purchase the stolen articles from the co - accused -- Admittedly , petitioner was pot employee of the complainant , therefore , the question of applicability of section 381 , P.P.C. would be resolved by the Trial Court -- All the co - accused of the petitioner have been granted post - arrest bail by the court of competent jurisdiction Maximum punishment provided under the statute for the offence under section 411 , P.P.C , is three years and the same does not fall within the prohibitory clause of section 497 , Cr.P.C .-- Possibility cannot be ruled out that the petitioner has been involved in the case by throwing a wider net by the complainant -- Mere allegation of causing huge loss is no ground to decline bail to an accused -- Petition for leave to appeal was converted into appeal and allowed , and petitioner was admitted to pre - arrest bail .
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