Law:

Section:

Keywords: Property, Merits Of The Case, Trial Court, Petitioner, Enforcement Of Hudood, Surety, Investigation, Offences, Enforcement, Prima Facie, Order, Theft, Procedure, Satisfaction Result: Bail allowed ORDER The facts according to F. I. R. Lodged on 22nd October, 1979, by one Muhammad Zaman at Police Station Mehmoodabad of Karachi, are that be works as a driver and resides alongwith his cousin Muhammad Amin who is an employee of N.S.C. Both the brothers after locking their house proceeded to their work at about 8-00 a.m. When he returned at 2-00 p.m. For taking lunch, he found main entrance door of his house open. He entered his house and saw that a person with a tape-recorder of his cousin in his hand was standing and on seeing him he started running. The complainant tried to stop him but he gave a jerk/push to him and as a result of it he fell down, whereas that person ran away alongwith the tape recorder to a "gall". The complainant cried "thief" ! "thief!" and followed him. Messrs Abdul Rehman, Ghulam Rasool and Baboo Sultan who are his neighbours, ran after that person on hearing his hue and cry. The police party consisting of Head Constable, Khushhal, Muzaffar Khan and Muhammad Zahir were also coming from the opposite direction who heard hue and cry and cordoned of that person and caught hold of him. Abdul Rehman took tape-recorder from him which he brought to Police Station and lodged the report. The name of that person was disclosed to be "Tariq Mahmood" the present applicant who broke open the door and committed the theft. The police after usual investigation sent up the applicant to stand trial under section 9 of Hudood Ordinance, 1979. The bail application was moved on behalf of the applicant before the learned VI-Additional Sessions Judge, Karachi, who by his order dated 17th November 1979, rejected it on the…

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