ABBAS Versus THE STATE

ORDER

This is an application for grant of bail to Abbas petitioner in case under section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance 1979 and section 382, P.P.C. registered at P.S. Nawankot, Lahore vide F.I.R. No.796 of 1987 dated 24‑10‑1987.

2. The prosecution case is that on the night between 23/24‑10‑1987 six persons carrying fire‑arm weapons committed dacoity into the house of Abdullah Jan Khan complainant and forcibly took away tape‑recorder and Rs.1,000 from his house.

3. Learned counsel for the petitioner submits that there is no evidence of participation of the petitioner in the commission of dacoity and the allegation against him is that he was possessing stolen currency notes valuing Rs.1,000. Learned counsel for the State has opposed this application. He however, admitted that there is no evidence connecting the petitioner with the commission of the dacoity. He maintained that since stolen currency of 1,000 has been recovered from him, so he does not deserve the concession of bail.

4. I have considered the submissions made by the learned counsel for the parties with care. I find that there is no evidence to connect the petitioner with the commission of main crime; that during the investigation, police has recovered Rs.1.000 from him which were allegedly removed from the house of the complainant and that the offence punishable under section 411, P.P.C. does not fall within the prohibitory clause of .section 497, Cr.P.C.

For what has been said above, the, petitioner is allowed bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C. (City/Duty Magistrate), Lahore.

S.G.D./A‑333/L Bail allowed.