1376/2024 Cr.Bail IMTIAZ S/O MEHBOOB ALI & ANOTHER (Applicant) V/S THE STATE (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 15-JUL-24
Primarily, to constitute an offense under the aforesaid Section, the prosecution is not only required to prove the possession but also to establish the knowledge about the property to be stolen. In the present case, the prosecution has presented the case to the extent that the subject vehicles were stolen and involved in the subject FIRs under Section 381-A PPC and came into possession of the applicants, which were later on recovered from their possession, be that as it may, if the aforesaid section is supposed to be applied, the maximum punishment provided under the statute for the offense is seven years however under Section 411 PPC is three years, which provides dishonestly receiving stolen property and the same does not fall within the prohibitory clause of Section 497 Cr.P.C. It is settled law that grant of bail in offenses not falling within the prohibitory clause is a rule and refusal is an exception. The liberty of a person is a precious right which cannot be taken away without exceptional foundations. So far as the applicability of sections 381-A PPC and 411 PPC, the trial Court has to determine, if the prosecution brings any cogent material to connect the applicant with the alleged crime, as the issue of confession before police and subsequent recovery has already been discussed in the preceding paragraph.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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