MUHAMMAD AKRAM Versus THE STATE

ORDER

This is an application for grant of bail to Muhammad Akram petitioner in case under section 4571380/511, P.P.C. registered at P.S. Sanda vide F.I.R. No. 271/87, dated 5-10-1987.

2. The prosecution case is that Muhammad Akram armed with Chhurri with his two companions namely Muhammad Arshad and Muhammad Munir were found present in the courtyard of the house of Sadiq Ali complainant at 1 a.m. on 5-10-1987 and before they could commit any theft etc. the petitioner and his co-accused Muhammad Munir were apprehended on the spot whereas Muhammad Arshad made good his escape.

3. Learned counsel for the petitioner mainly contended that the compound where the petitioner and his companions were found standing cannot be termed as a building within the meaning of section 442 of P.P.C. and as such the petitioner had neither committed lurking house trespass nor house breaking within the definition of section 443 and section 445, P.P.C. Learned counsel for the State has opposed this application.

4. I have considered the submissions made by the learned counsel for the parties with care. I feel persuaded to agree with the learned counsel for the petitioner. I find that in the F.I.R. , it has nowhere been stated that the compound of the house was surrounded by walls with a door. That being the position, there can be no two opinions that the petitioner had prima facie not committed any lurking house trespass or house breaking and at the worst he may be guilty of an offence punishable under section 447, P.P.C. which is bailable.

5. For what has been said above, the petitioner is allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C. (Saddar) /Duty Magistrate, Lahore.

M.Y.H./M-722/L Bail granted.