Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 380,411

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.380 & 411---Theft in dwelling house, dishonestly receiving stolen property---Bail, refusal of---Accused was found in possession of the stolen government drugs and in use thereof in his clinic, which had shown blatant and remorseless attitude of accused---Person with such an attitude was likely to "repeat" the same offence, if released on bail---F.I.R. clearly mentioned that the complainant and others were looking for the stolen drugs and immediately upon receiving information and finding accused in possession and using of stolen drugs at his clinic, instantaneously lodged the F.I.R.---Explanation given for delay, was reasonable and plausible---Grounds prevailed with the courts below for enlarging co-accused on bail, were that his name was not mentioned in the F.I.R. and that his arrest was not made on the spot; as against that, the contents of the F.I.R. would show that accused was caught red-handed in his clinic dealing with the stolen drugs, belonging to the government---Bail application of accused was dismissed, in circumstances. Tarique Bashir and 5 others v. The State PLD 1995 SC 34 distinguished THIS ORDER PASSED BY: SALMAN HAMID, J.---Dr. Ghulam Mustafa on 2-11-2010, lodged F.I.R No.145 of 2010, at Police Station Rehmatpur, Larkana, under section 380 of the Pakistan Penal Code against the present applicant on the allegation that he is involved in dealing/using stolen drugs from Teaching Hospital, Larkana, in his clinic. 2. Registration of above F.I.R was followed by investigation and challan. The case was submitted before Judicial Magistrate-I, Larkana, wherein the present applicant and one Ghulam Kadir Jatt were shown arrested, while accused Mumtaz and Mehboob were shown in Column No.II, and accused Zulfiqar, Suresh and Asghar were shown as absconders. 3. In the first instance bail applications on behalf of the applicant and Ghulam Kadir Jatt were moved before Judicial Magistrate-I, Larkana. On its turn, the learned Judicial Magistrate-I, Larkana, dismissed bail application of the present applicant, while the other accused namely, Ghulam Kadir Jatt was enlarged on bail…

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