Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 380/411/457

Criminal Procedure Code (V of 1898)---

----S. 497(2)---Penal Code (XLV of 1860), Ss.380/411/457---Bail, grant of---Further inquiry-Complainant had laid suspicion against accused persons that they had trespassed his house and had stolen away his certain articles and cash amount---Said items had not been recovered from the accused and instead they allegedly had paid amount to complainant as price or compensation of the said articles---Question that if in such circumstances of case, accused persons could be held liable for alleged offence, needed consideration---Case against accused persons was covered under subsection (2) of S.497, Cr.P.C. calling for further inquiry into their guilt---Accused were behind bars since their arrest and were previous non-convicts---Accused were admitted to bail, in circumstances.

ORDER

Ghulam Haider and Khalid Ahmad petitioners through the instant petition seek post-arrest bail in case F.I.R. No.313, dated 28-9 2002, registered under sections 457, 380, 411, P.P.C. with Police Station Saddar, Jalalpur Pirwala, District Multan.

2. Briefly the prosecution case as per F.I.R. is that on the night between 27/28-9-2002 some persons had trespassed into the complainants house and they after breaking open the lock of the box-had stolen away his Rs.4,000, golden ornaments, unstitched clothes, ladies wrist watch, utensils and National Identity Card of the complainant and his father. He laid suspicion against Muhammad Ismail, Muhammad Bilal, Ghulam Haider and Khalil Ahmad. He went to them who denied to have stolen away his these articles.

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