Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 380,411,457

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 380, 411 & 457---Bail, grant of---Further inquiry---Prima facie, accused persons, at the most could be booked for an offence under S.411, P.P.C., punishment wherefor provided under the law was not hit by the prohibition contained under S.497, Cr.P.C. and was bailable---Maximum sentence provided for an offence should not be kept in mind while granting bail to accused--If the court on the data discernible from the record would come to the conclusion that maximum punishment could not be awarded to accused, the concession of bail could be extended to him in the given circumstances---While tentatively assessing, the case of accused, it would go out of the embargo contained under S.497, Cr.P.C. and was held to be of further inquiry---Accused, was admitted to bail, in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALAM KHAN, J.--- This is an application for bail filed by the accused/petitioners Saeedullah and Zaman, sons of Zakim Khan in case F.I.R. No.31, dated 27-2-2008 of Police Station Paroa, District D.I. Khan, initially registered under sections 457/380, P.P.C. with subsequently added section 411, P.P.C., as their efforts for the same relief have been proved abortive before the learned lower Courts vide orders, dated 7-3-2008 and 13-3-2008 respectively. 2. According to the F.I.R. lodged by the complainant Hafeezullah Khan on 27-2-2008 at 1110 hours, on the last night he along with his children were asleep in the house while the cattle were tied in the cattle room. When he woke up in the evening, he saw the door of the cattle room opened and on entering there found missing a buffalo of black colour and oxe of a white colour, both valuing ninety thousands, but none was charged for the offence. However,…

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