1467/2024 Cr.Bail Ghulam Mustafa S/o Mahboob Ali (Applicant) V/S The State (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 15-JUL-24
In the instant case, neither the applicant, as per contents of the FIR, referred to above, is nominated as an accused, nor a warrant has been issued against him under sections 75/87, Cr. P.C was arrested upon his statement in police custody; even after his arrest in the above case, he was not forwarded to the Magistrate for his identification parade to the effect that he was the person who robbed subject Rikshw from the place of the incident as reported by the complainant for the reason, confession before the police is not admissible in evidence under the law. So far as recovery of the subject vehicle from the custody of the applicant is concerned, firstly, the recovery of the stolen vehicle has been effected on the pointation of the applicant and its evidentiary value is yet to be determined by the learned trial court after recording evidence; mere possession of the stolen property is not sufficient to constitute an offense under Section 411 PPC rather in addition it has got to be established that the person in possession of the stolen property had dishonestly received or retained the property knowing or having the reasons to believe the same to be stolen, however, the prosecution has not applied section 411 PPC in the charge sheet rather section 412 PPC has been invoked and the ingredient whereof are yet to be determined by the trial court.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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