SHAKEEL AHMED vs THE STATE
This petition for post-arrest bail arises from a criminal case registered under Sections 380 and 411 of the Pakistan Penal Code 1860, following an alleged theft of cash and goods from the complainant's store. The core legal question was whether the petitioner was entitled to bail given the nature of the recovery and the classification of the alleged offences. The Court observed that the cash recovered from the petitioner lacked any specific identification marks to link it to the stolen property. Furthermore, the Court held that the offence under Section 411 of the Pakistan Penal Code 1860 does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Consequently, the Court determined that the petitioner's case required further inquiry and granted bail, ruling that where an offence is outside the prohibitory clause and evidence of recovery is weak, the petitioner is entitled to the concession of bail.
- Does the offence under Section 411 of the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is bail appropriate when the recovered cash lacks identification marks linking it to the stolen property?
- Section 380, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' SH. ABDUL RASHID, J.---The petitioner through this petition seeks bail after arrest in case F.I.R.
No,106 dated 23-5-2005 under sections 380/411, P.P.C. Registered at Police Station Jhang City.
2. According to the prosecution allegations , on the night of 29-6-2005 Rs,50,000 cash and other goods worth Rs,2,00,000 were stolen from the store of the complainant and consequently this case was registered at Police Station City Jhang in which the petitioner along with others was also suspected to be one of the culprits.
3. The petitioner was arrested in this case on 13-9-2005 and a sum of Rs,3,000 was recovered from his person. There is no identification mark on the cash amount allegedly recovered from the petitioner to link, it with the stolen property. Even otherwise the offence under section 411, P.P.C. Also does not fall within the prohibitory clause; the case of the petitioner is a matter of further enquiry.
He is admitted to bail in the sum of Rs,20,000 with one surety in the like amount to the satisfaction of the trial Court.