Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 381-A & 411---Theft of vehicle and receiving stolen property---Bail, grant of---Case of further inquiry---Recovery on the pointation of accused---Effect---Six days, delay in lodging of FIR which had not been explained---Accused was neither named in FIR nor there was direct evidence against him---No one claimed to have seen accused while stealing alleged vehicle---Accused was involved for the first time in case through supplementary statement recorded by complainant 10 days after registration of FIR without specifying his source of information as to how he came to know about the involvement of accused---Validity---Although recovery of alleged stolen vehicle had been effected on the pointation of accused yet provisions of S. 411, P.P.C. were attracted which entailed maximum punishment of three years which did not fall within the prohibitory clause of S. 497, Cr.P.C.---Accused had been behind the bars since his arrest---Matter to the extent of accused was one of further inquiry as contemplated under S.497(2), Cr.P.C.---Bail was allowed in circumstances. ORDER JAMES JOSEPH, J.---Through instant petition, petitioner Sadaqat Hussain Shah seeks post arrest bail in case FIR No.392/2014 dated 18-12-2014 under sections 381-A, 411, P.P.C., registered at Police Station Kundian District Mianwali. 2. Briefly the prosecution story as unfolded in the FIR is that on 12-12-2014 the complainant left his vehicle in the parking of Atomic Energy Commission after handing over the key to the security guard and when he came back on 15-12-2014 the vehicle was missing. 3. I have heard learned counsel for the parties and perused the record. 4. There is delay of six days in lodging of the FIR, which has not been explained. Admittedly, the petitioner is neither named in the FIR nor there is direct evidence against…

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