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Petitions for Special Leave to Appeals Nos. 286 and 287 of 1968, decided on 18th October 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 4th September 1968, in Criminal Miscellaneous No. 330/1968 and Criminal Appeal No. 324 of 1968).
Ss. 379 & 411‑Bail refused to accused by lower Courts‑Contention that copper wire alleged to be stolen bore no identity mark and that accused had purchased wire bona fide and was in possession of receipt in token of purchase‑Special leave to appeal granted by Supreme Court in view of value of subject‑matter of offence being small‑Interim bail also granted pending appeal.
Sh. Abdul Manan, Advocate Supreme Court instructed by Sh. Masud Akhtar, Attorney for Petitioners (in both the Petitions).
Raja Said Akbar Khan, Advocate‑General West Pakistan (Dilawar Mahmud, A. A.‑G. with him) instructed by Ijaz Ali, Attorney for the State tin both the Petitions).
Date of hearing : 18th October 1968.
This order will dispose of Petitions for Special Leave to Appeals Nos. 286 and 287 of 1968 relating to the petitioner's bail in a case registered against them under section 379/411, P. P. C. read with section 25 of the Telegraph Act and 43 of the Defence of Pakistan Rules.
The prosecution case as alleged appears to be that some copper mire weighing about 15 seers was recovered from the shop of the petitioners which they are running as a partnership firm along with others by the name of Malik Industries Kashmir Road, Rawalpindi. Petitioner Akhtar Zahoor was arrested on the 1st of August 1968, and is in custody since then. His bail application was rejected by the Courts below and finally by the High Court on the 4th of September 1968. Simultaneously the application of the other petitioners for bail before arrest was also dismissed by the High Court.
The learned counsel for the petitioners has submitted that no identity mark is shown to exist on the copper wire in question to prove that it was stolen property belonging to the Telegraph Department. It is further submitted that the petitioners are the bona fide purchasers possessing receipts in token of their purchase and it is unfair to presume guilty knowledge on their part at this stage.
We feel that as the value of the subject‑matter of the offence is not much and the guilt of the petitioners requires a further inquiry, the question of the petitioner's bail merits consideration. We grant leave to appeal as prayed for. The petitioner Akhtar Zahoor is to be released on bail to the satisfaction of the District Magistrate, Rawalpindi during the pendency of this appeal. Similarly the petitioners in C. P. S. L. A. No. 287/68 are allowed bail before arrest to the satisfaction of the District Magistrate, Rawalpindi, during the pendency of this appeal. This order will not in any manner prejudice the merits of the case.
Leave granted.
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