Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 457, 380 & 120-B---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 14---Khyber Pakhtunkhawa Restriction of Rented Building (Security) Act (XIV of 2014), S. 10---Lurking house-trespass by night, theft in dwelling house, criminal conspiracy, theft liable to tazir---Bail, grant of---Further inquiry---Complainant, in his initial report, charged unknown culprits for committing theft in his jewellry shop---Complainant got recorded his statement under S. 164, Cr.P.C., after more than one and a half months, and besides charging absconding co-accused and unknown co-accused, also charged accused by attributing him the role of instigation in the commission of offence---Complainant advanced a motive that accused had rented out his shop contiguous to his shop to co-accused without any rent deed or surety, against which he complained to the accused about his apprehension regarding theft by the co-accused---Except the alleged motive, no other piece of direct or circumstantial evidence was available to connect the accused with the commission of offence---Role of instigation attributed to the accused could only be determined after recording evidence--- Circumstances established that participation of the accused in the commission of offence required further probe into his guilt---Accused was allowed bail in circumstances. THIS ORDER PASSED BY: ASSADULLAH KHAN CHAMKANI, JUSTICE:---.--- Petitioner Khalil Khan, seeks bail in case FIR No. 599 dated 29.11.2015, registered under sections 457/380/120-B, P.P.C. and section 14 Offences Against Property (Enforcement of Hudood) Ordinance, 1979 as well as section 10 of Rented Building Restriction Act, in Police Station West Cantt. Peshawar. 2. According to report of complainant Muhammad Shoaib on 28.10.2015 at 8.00 p.m. he while closing his Jewelry shop situated in Liaqat Bazaar went to his house and on next day when he opened his shop, found its roof locks broken and 400 tolas gold and Rs.8,00,000/- in cash missing/ stolen therefrom. He charged unknown culprits in his initial report.…

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