Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,380,411

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 380, 411 & 34---Theft in dwelling house, dishonestly receiving stolen property, common intention---Bail, grant of---Bailable offences---Scope---Accused was charged for committing theft from the shop of complainant---Accused was named in the crime report but the complainant had not disclosed his source of information and satisfaction for charging the accused---Crime was unwitnessed---SIM card of mobile phone and cash amount were handed over to the police by the brother of accused and nothing incriminating was recovered from the possession of accused or at his pointation---Offences with which accused was charged fell within the non-prohibitory clause of S.497, Cr.P.C. and in such like cases grant of bail was a rule, while its refusal was an exception---Bail was granted, in circumstances. Muhammad Tanveer v. The State PLD 2017 SC 733; Arsalan Masih and others v. The State 2019 SCMR 1152 and Abdul Waheed v. The State and another 2017 YLR Note 5 ref. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.--- Petitioner Karamat Ullah has moved this petition for grant of post arrest bail in Crime No. 37 dated 18.07.2019 registered under Sections 380/411/34, P.P.C. at Police Station Nara Amazai Tehsil Ghazi District Haripur, wherein he is charged for committing theft from the shop of complainant. 2. Learned counsel for the petitioner contended that though the petitioner has been named as an offender in the initial report, lodged by the complainant, but he has not disclosed his source of information and satisfaction for charging the petitioner; that nothing incriminating articles were recovered from personal possession of the petitioner; that the offences with which the petitioner is charged do not fall within the restrictive clause of Section 497, Cr.P.C. and in such like cases grant of bail is a rule while its refusal is an exception and that the prosecution case requires further probe into the guilt of the petitioner, therefore, he deserves the concession of bail. 3. Conversely, the learned Additional Advocate General and learned counsel for the complainant jointly argued that the petitioner…

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