Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 380,457,34,411

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 380/457/34/411---Theft in dwelling house, lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment, common intention, dishonestly receiving stolen property---Bail, grant of---Further inquiry---Rule of consistency---Unwitnessed incident---Accused was alleged to have committed theft at the shop of the complainant, who implicated the accused for the offence on the basis that footprints from the shop were tracked to the house of the accused---Contentions of accused were that actual theft was unwitnessed; that evidence of footprints was weak type of evidence; that some of the stolen articles had been foisted upon him; that at the most offence under S. 411, P.P.C. was made out against him, which did not fall within the prohibitory clause of S.497, Cr.P.C., and that co-accused had been granted bail and his case was identical to that of said co-accused---Validity---Alleged theft was unwitnessed---Prima facie allegation against accused was only of possessing stolen articles, punishable under S.411, P.P.C., which did not fall under prohibitory clause of S.497, Cr.P.C.---Co-accused, on more or less the same allegations, had been granted bail---Accused was no more required for investigation---Case was one of further inquiry and accused was admitted to bail, accordingly. ORDER NAIMATULLAH PHULPOTO, J.---Applicant/accused Fayaz Hussain seeks bail in Crime No.51 of 2012 registered against accused at Police Station Naushahro Feroze on 18-3-2012 for offences under sections 380, 457, 34, P.P.C. The brief facts leading to filing of instant bail application are that complainant owns Arms and ammunitions shop. On the night of incident, complainant while closing his shop went to the home and opened the shop on the next morning at 9-00 a.m. He found that arms were lying scattered and there was breach in the wall of the shop. In the meanwhile P.Ws. Manthar Ali and Deedar Ali came in the shop of the complainant, they also saw the arms and ammunitions as mentioned in F.I.R. were in the scattered position. It is alleged that the complainant found…

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