SAEED AHMAD vs THE STATE
The petitioner sought post-arrest bail in case F.I.R. No. 169 of 2001 registered under sections 411 and 381-A of the Pakistan Penal Code 1860 at Police Station Liaqatpur, District Rahimyar Khan, on allegations of stealing a motorcycle. The core legal question was whether the petitioner was entitled to post-arrest bail when the case fell outside the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. The Lahore High Court held that since the petitioner was a young person with no criminal history and the alleged recovery of the stolen motorcycle from his family's residential house prima facie attracted section 411 of the Pakistan Penal Code 1860, his case did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. Consequently, the court admitted the petitioner to post-arrest bail, establishing the principle that offences falling outside the prohibitory clause and involving accused persons without criminal history merit the concession of bail.
- Is a petitioner entitled to post-arrest bail when the alleged offence does not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Does recovery of a stolen motorcycle from the residential house of an accused's family prima facie fall under section 411 of the Pakistan Penal Code 1860?
- Section 411, Pakistan Penal Code 1860
- Section 381-A, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' IFTIKHAR HUSSAIN CHAUDHRY, J.---Petitioner seeks post-arrest bail in case F.I.R. No, 169 of 2001 under sections 411, 381-A, P.P.C. Registered at Police Station Liaqatpur District Rahimyar Khan.
According to allegations contained in the F.I.R. The petitioner committed theft of motorcycle belonging to the complainant.
2. We have heard the learned counsel for the parties and have seen the record.
3. The petitioner is a young person and has no criminal history stolen motorcycle allegedly was recovered from the residential house of the petitioner's family. ' This aspect of the matter would prima facie make out offence under section 411, P.P.C. Against the accused. Case of the petitioner as such does not fall within the prohibitory clause of section 497, CJ.P.C.
4. Petitioner is allowed bail in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of trial Court.
5. .