Theft case Bail Granted after Partial Recovery

PLJ 2014 Cr.C . ( Lahore ) 380 [ Multan Bench Multan ] Present: Syed Iftikhar Hussain Shah, J. MUHAMMAD MADNI, etc. --Petitioners versus STATE, etc. --Respondents Crl . Misc. No. 3813-B of 2013, decided on 9.9.2013. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 380, 215 & 411--Bail, grant of--Offence of theft--Allegation of--Petitioners have committed the theft of two buffaloes, two calves and two cows belonging to the complainant, but recovery of one buffalo and one calf has allegedly been affected from the petitioner--However, perusal of recovery memo, revealed that recovery was joint one, which has no evidentiary value in the eye of law--The petitioners were in jail--Offence does not fall within prohibitory clause of Section 497 Code of Criminal Procedure, 1898--Bail accepted. [P. 381] A Mr. Nadeem Ahmad Tarar , Advocate for Petitioners. Mr. Muhammad Ali Shahab , D.P.G. for State. Mr. Tahir Mehmood , Advocate for Complainant. Mr. Iftikhar Hussain , SI with record. Order Mr. Muhammad Madni , Muhammad Usman , Muhammad Aslam , Muhammad Akhtar , Muhammad Asghar & Roshan , the accused petitioners seek post arrest bail in case FIR No. 84-2013, dated 27.02.2013, registered under Sections 380, 215, 411, PPC at P.S. Saddar Jalalpur Peerwala , District Multan. 2. The allegation against the petitioners is that they committed the theft of two buffaloes, two calves and two cows belonging to the complainant. 3. Learned counsel for the petitioners has contended that case against the petitioners is false and concocted one; that nothing has been recovered on the pointation of petitioners and alleged recovery of one buffalo and one calf is joint one, which has no evidentiary value in the eyes of law; that the petitioners are behind the bars since 06.07.2013 and remained on physical remand for a considerable period; that the offence does not fail within prohibitory clause of Section 497, Cr.P.C . therefore, they are entitled to the concession of bail. 4. This bail petition has been opposed from the complainant side and it is contended that the petitioner along with their co-accused committed the theft of animals belonging to the complainant and recovery has also been affected from them; that the petitioners are involved in so many other cases of similar nature, therefore, they are not entitled to the concession of bail. 5. Arguments heard and record perused. 6. Allegedly, the petitioners have committed the theft of two buffaloes, two calves and two cows belonging to the complainant, but recovery of one buffalo and one calf has allegedly been affected from the petitioner. However, perusal of recovery memo, reveals that recovery was joint one, which has no evidentiary value in the eye of law. The petitioners are in jail since 06.07.2013. The offence does not fall within prohibitory clause of Section 497 Code of Criminal Procedure 1898. Resultantly, the instant application is accepted and petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs. 1 ,00,000 /- each with one surely each in the like amount to the satisfaction of learned trial Court. (A.S.) Bail accepted