2011 P Cr. L J 346
[Quetta]
Before Ghulam Mustafa Mengal, J
NOOR AHMED -Applicant
Versus
THE STATE ---Respondent
Criminal Bail Application No. 217 of 2010, decided on 19th October , 2010.
Criminal Procedure Code (V of 1898) ---
----S. 497---Penal Code (XLV of 1860), S.381 -A---Theft of a car or other motor vehicles -
--Bail, grant of ---Further inquiry ---Offence under S.381 -4, P.P.C. carried maximum
punishment of seven years and did not fall within prohibitory clause of S.497, Cr.P.C. -
--Case against accused required further inquiry ---Interim bail granted to accused
was confirmed.
Muhammad Riaz Ahmed for Applicant.
Muhammad Anwar Mengal for the State.
ORDER
GHULAM MUSTAFA MENGAL, J .---This bail application is filed by Noor Ahmad
son of Abdul Sattar as his bail application has been rejected by Judicial Magistrate -
V/MFC, Quetta as well as by learned Additional Session Judge -V, Quetta in Crime
No.137 of 2010 under section 381 -A, P.P.C. registered at Police Station, Sariab, Quetta.
The brief facts of the case are that one Mustafa Khan son of Hidayatullah Khan lodged
F.I.R No.137 of 2010 with Police Station, Sariab, Quetta on 15 -8-2010 alleging therein
that today he came from Bazar and parked his Alto Car bearing Registration No.ANE -
004 model 2006 Chasis No.898503 Engine No.B359979 out side his house. At about 4 -
30 p.m. children's who were playing in the street came and informed him that three
persons started his car and took a way the same. On receipt of this information he came
out and he along with his friend namely Niaz Ahmad chased the accused person on
motor cycle and he also informed 15. It is also alleged in the F.I.R. that while accused
persons entering into a house situ ated in Langovabad he along with his friend
empowered the applicant while remaining accused persons escaped from the place,
meanwhile Police party reached at the spot and arrested the accused person, who
disclosed his name as Noor Ahmad son of Malik Abdul Sattar residence of Killi Deba
and thus the report was lodged against the applicant and co -accused persons.
Mr. Muhammad Riaz Ahmad learned counsel for the applicant contended that the
applicant was arrested on 15 -8-2010 and since then he was behind the bars. He further
contended that the Challan has already been submitted on 27 -8-2010, therefore,
applicant is not required any more for the purpose of investigation and offence does not
fall within the prohibitory clause of section 497, Cr.P.C.
On the oth er hand the learned counsel for the .State strongly opposed the bail
application. According to him applicant was apprehended at the spot and the stolen Car
was recovered on his pointation. According to him there is sufficient incriminating
material against the applicant to connect him with the commission of alleged offence.
I have heard arguments of learned counsel for the respective parties. It is apparent from
the record that the alleged stolen Car was not recovered from the possession of
applicant.
Without touching the merits of the case so that it may not prejudice the case of either
party, offence under section 381 -A, P.P.C. carries a maximum punishment of seven
years, which does not come J within the prohibitory clauses of section 497, Cr.P.C. and
moreover the case against the applicant requires further inquiry.
In view of the above position, the interim bail granted to the applicant vide order dated
9-9-2010 is hereby confirmed subject to furnishing surety to the tune of Rs. 2,00,000
and P.R. of like amount to the satisfaction of trial Court, while sureties already
furnished by the applicant shall stands discharged.
A.R.K./109/Q Bail granted.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.