MUHAMMAD AKRAM Versus THE STATE

ORDER

Muhammad Akram petitioner through this petition seeks his post arrest bail in case F.I.R. No.178/94, dated 16-8-1994 under section 379/411, P.P.C. registered with Police Station Railway Police, Lahore.

2. According to F.I.R. on 15-8-1994 at about 3-00 p.m. Muhammad Khalid Javed was standing in front of the booking office of Railway Station for purchasing a ticket and he had to go to Rawalpindi in the Rail Car. He had kept an amount of Rs.2,000 and photo copy of his identity card in a Khaki envelop in his right pocket. He felt a jerk in his pocket and while turning complainant saw that envelop in the hands of the petitioner. On the alarm raised by the complainant Muhammad Akram, the petitioner ran away but was apprehended and the envelop was recovered from him. .

3. Learned counsel in support of the petition argued that the petitioner is a first offender and maximum punishment for the offence is three years, which does not fall within the prohibitory clause of section 497, Cr.P.C. Further, the recovery has not been witnessed by any independent person and as such the same is highly doubtful.

4. On the other hand learned State counsel opposed the bail.

5. Though the offence under section 379, P.P.C. is punishable for imprisonment for a term which may extend to three years and the same does not fall within the prohibitory clause of section 497(1), Cr.P.C., yet pick pocketing is a heinous offence against the society at large and is covered by the provisions of section 497(1), Cr.P.C. Further the trial has already commenced and the statement of the complainant has been recorded. The petition at this stage is not entitled to the concession of bail. Accordingly, this petition stands dismissed.

N.H.Q./M-1908/1 Bail refused.