Law:

Section:

Keywords: Confessional Statement, Trial Court, Property, Offences, Recovery, Prevention, Evidence, Satisfaction, Government, Investigation, Manufacturing, Charge-Sheet, Order, Goods, Possession, Procedure, Properties, Surety Result: Bail allowed ORDER This order will dispose of bail applications bearing No. 1426 and 1428 of 1976 as they arise out of the same charge-sheet and the same transaction. The applicants in these two bail applications are facing trial for offences under sections 379, 409/34 read with section 5 (2) Prevention of Corruption Act, in the Court of Special Judge (Central), Karachi. The applicants are employees of the Pakistan Railway stationed at Sukkur Railway Station. It is alleged that on 26-11-76 complainant Muhammad Younus, engine cleaner, Loco Shed Railway Sukkur lodged a complaint with F. I. A. Stating that on the same day at 12 hours, he alongwith Muhammad Alam and Ghulam Nabi went to the Loco Shed and found applicants Muhammad Bux Turner, Azimullah Shah also a Turner, Shaikh Wahab Fitter and Qadir Bux Fitter, cutting the railway plates and manufacturing big knives and burners and other household articles. It was alleged that these articles were being manufactured from railway material. Upon enquiry the accused are said to have stated that they were doing so at the instructions of applicant Muhammad Yaqoob, Foreman and Jamil Store Clerk. The investigation was undertaken by the concerned police and the present applicants were apprehended. It is not disputed that the three applicants namely Azimullah, Shaikh Wahab and Muhammad Bux have given judicial confessions implicating themselves as well as Muhammad Yaqoob, Foreman and Jamil. On being moved for bail the learned Special Judge granted bail to Jamil and Qadir Bux but refused the request as regards three applicants by reason of their judicial confessions. The request for bail by Muhammad Yaqoob was rejected on the ground that certain articles were recovered from his possession. It is contended on behalf of applicant Muhammad Yaqoob that the facts placed on record do not make out a case under section 409, P. P. C. Inasmuch as the said applicant was not entrusted with goods, which are the…

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