SAIFULLAH vs THE STATE
This criminal petition was filed by the petitioner, Saifullah, seeking post-arrest bail in connection with F.I.R. No. 783 registered at Police Station Malakwal, District Mandi Bahauddin, for offences under sections 379 and 411 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to the grant of bail given the circumstances of the case and the nature of the alleged offences. The Court observed that the F.I.R. was lodged with a significant delay of two months, the alleged theft was unwitnessed, and the recovery of the stolen property was made jointly from eight accused persons. The Court held that the case against the petitioner prima facie appeared to fall under section 411 of the Pakistan Penal Code 1860, which does not attract the prohibitory clause of section 497(1) of the Code of Criminal Procedure 1898. Finding that the case required further inquiry into the petitioner's guilt under section 497(2) of the Code of Criminal Procedure 1898, the Court allowed the petition and admitted the petitioner to 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?
- Can bail be granted when the F.I.R. is lodged with a significant delay and the alleged offence is unwitnessed?
- What constitutes a case for further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
- Section 379, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 497(1), Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Through this petition Saifullah petitioner has sought post-arrest bail in case F.I.R, No. 783 registered at Police Station Malakwal, District Mandi Bahauddin on 10-11-1999 for offences under sections 379/411, P. P. C.
2. After hearing the learned counsel for the parties and going through the record it has-been noticed that the F.I.R. In this case had been lodged with a delay of two months. The alleged theft in this case had admittedly remained unwitnessed. The buffalo in question had been recovered by the' police jointly from eight accused persons. At worst the case in hand prima A facie appears to be one of section 411, P.P.C. Against the present petitioner and the said penal provision does not attract the prohibitory clause contained in subsection (1) of section 497, Cr.P.C. A challan in this case has already been submitted after completion of investigation. The petitioner has already- spent about seven months in jail in connection with this case.
3. For what has been observed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail in the sum of Rs.50,000 (rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.