M. BILAL Versus THE STATE

ORDER

1. This is an application for bail on behalf of applicant Bilal in a case registered under section 22, Enforcement of Hadd Property Order, 1979.

2. Mr. Shamim Asghar, Advocate, appearing for the applicant, contended that applicant was passing from road and has been arrested due to enmity as he remained a student of that institution, 3/4 years ago. It is further argued that according to the F.I.R. no case is made out of the Enforcement of Hadd Property Order. It is contended that at the best, case will fall under section 380, P.P.C.

3. Mr. Abdul Waheed Katpur for complainant argued that prima facie offences under section 457, P.P.C. punishable with 14 years, is made out as allegations in the F . I . R . are that applicant entered in the premises with intention to commit theft.

4. Mr. Abdul Ghafoor Mangi, A.A.‑G., states that offence may likely not fall under Article 22 of Enforcement of Hadd Property Order, but under section 457, Part I, which is punishable for 5 years has no objection to the grant of bail.

5. The complainant of this case is a Headmaster of Comprehensive Government High School, Korangi, Karachi. According to the F.I.R. he woke up on the noise of 'thief, thief' and found that Chowkidars namely, Manzoor, Aslam and Inyat had apprehended applicant who disclosed his name as Bilal. The applicant alleged to have scaled over the wall and entered in the premises with intention to commit theft and was rushing towards the house of complainant Gul Mohammad. The applicant was caught red‑handed on the spot and he scaled over the wall of the house of the complainant. There are, as many as three eye‑witnesses and no explanation from accused as to how he entered the premises during odd hours. A prima facie, the intention was to commit theft. Without going into details in the merits, I am of the view that no case is made out for bail.

6. Application is dismissed.

7. S.A./M‑310/K Bail refused.