Law: Criminal Procedure Code (V of 1898)

Section: 497,498

Law: Pakistan Penal Code, 1860

Section: 381

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Penal Code (XLV of 1860), S. 381---Theft by servant of property in possession of master---Bail, grant of---Complainant had alleged that, accused who stole a sum of Rs.20,00,000 from bag of his wife, was employed at his house for about 5/6 years as domestic servant---Forensic Science Agency declared accused as truthful person after his polygraph examination---Accused was let off by police after report of Forensic Science Agency---Service of accused for 5/6 years in the house of complainant did not connect him with the alleged offence---Wife of complainant was joined in investigation after four months---Investigating officer failed to collect any incriminating material against accused---Probability existed that accused might have been falsely involved in the case---Ad interim pre-arrest bail was confirmed by the High Court. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Pre-arrest bail---Scope---Accused named in FIR without supporting material was entitled to bail. THIS ORDER PASSED BY: SHAHID HAMEED DAR, J.--- Brig (R) Nisar Ali has alleged in FIR No.65/2016, dated 17.01.2016, under section 381, P.P.C., Police Station Defence-A, Lahore that Abdul Qayyum (petitioner) was employed at his house for about 5/6 years as a servant, who stole a sum of Rs.20,00,000/- (twenty-lacs) from the bag of his wife. 2. It has been contended by the learned counsel for the petitioner that a baseless allegation has been levelled against the petitioner, who served his master wholeheartedly for years, but earned his wrath in return: the petitioner's innocence was confirmed by the Punjab Forensic Science Agency, as it termed him a truthful person after conducing his polygraph examination on 22.01.2016; the petitioner did no wrong to the complainant, a retired Brigadier of Pak Army, it is why, the investigating officer failed to collect any incriminating material against him during five months investigation; lastly contended that the petitioner has been falsely involved in this case merely on a baseless suspicion of the complainant, therefore, he may be saved from the excesses of the police, that he…

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