Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 380,411,457

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 380/457/411--Post-arrest bail--Grant of--Alleged occurrence reported to the police with the delay of more than one month and no plausible explanation could be brought on record for such a delay--Mother of the petitioner had filed a petition u/S. 491, Cr.P.C. before the Additional Session Judge, for the recovery of the petitioner from the illegal and unlawful confinement of Station House Officer, through the Bailiff who recovered the petitioner--His arrest was shown a few moments after the registration of the instant case which itself shows mala fide on the part of the police as well as the complainant for false implication of the petitioner in this case--Recovery of five plugs and Rs. 19,500/- has been shown to be effected from the petitioner but its veracity shall be determined after recording evidence by the trail Court--Challan has already been submitted and at this juncture, physical custody of the petitioner is not required to the investigation agency any more for the purpose of investigation--Post arrest bail was allowed. THIS ORDER PASSED BY: ASJAD JAVAID GHURAL, JUSTICE---.--- Though this petition under Section 497, Cr.P.C., petitioner Dilawar has sought post arrest bail in case FIR No. 464 dated 02.12.2017, in respect of offences sunder Sections 380, 457 & 411, PPC, registered at Police Station, City Chichawatni, District Sahiwal. 2. The allegation against the petitioner, as contained in the crime report, is that in the intervening night of 31.10.2017 & 01.11.2017, the petitioner and his co-accused alongwith two unknown accused persons had committed lurking house-breaking by night and took away cash of Rs. 1,99,500/- and five plugs from the shop of the complainant. Hence, this case was registered. 3. I have heard learned counsel for the petitioner as well as learned Deputy Prosecutor General appearing for the State and have perused the record. 4. The alleged occurrence had taken place on 31.10.2017 which was reported to the police on 2.12.2017 with the delay of more than one month and no plausible explanation could be brought on record for such a…

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