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Criminal Miscellaneous No. 2826-B of 1982, decided on 14th, Novvem ber, 1982.
--S: 497-Bail, grant of-Petitioners alleged to be in company of their co-accused who actually committed theft of car and such stolen car not recovered from them-Petitioners in judicial lock-up and no longer required for further investigation-Petitioners also not previous convicts-Petitioners allowed bail, in circumstances.
Umar Mahmud Kasuri with Noor Alam Qureshi for Petitioner.
Khalil Ramdhay, Asstt. A.-G for the State.
Joseph Masih petitioner alongwith four others including Hamayoon Masih is accused of offence under section 380, P. P. C. It is alleged that he was accompanying his co-accused Munawar and Arif, who had com mitted theft of a car from the show-room of Kandawala Company on Shahra-i-Quaid-e-Azam, Lahore, at the time this car met with an accident. The car was subsequently recovered by the Police from Rawalpindi-Kohat Road. Hamayoon Masih was similarly accompanying the same co accused in the car at the time of accident and allegedly suffered injuries. Joseph Masih has filed this application for bail and Hamayoon Masih has filed a separate criminal miscellaneous application bearing No. 2825/B of 1982. This order will dispose of both the bail applications.
2. Learned counsel for the petitioners has submitted that Joseph Masih and Hamayoon Masih are not named in the F. I. R. in which suspicion was cast on the Chowkidars, that the stolen car was not recovered from any of the petitioners, that there is no material available on record so far to connect the petitioners with the offence, that Joseph Masih petitioner is aged 15 years, that the offence alleged against the petitioners is not punishable with more than seven years' R. I. and grant of bail is the rule and that petitioners having been arrested on 14th September, 1982 are no longer required for further investigation because they are lodged in the judicial lock-up. The bail has been opposed by the learned Assistant Advocate-General.. It is not denied that petitioners are now lodged in the judicial lock-up. It has been pointed out that Hamayoon Masih suffered injuries when the stolen car met with an accident on Rawalpindi-Kohat Road and is connected with the offence of theft.
3. The petitioners are alleged to be in the company of their c accused who actually committed theft of the car. The stolen car was no recovered from the petitioners. The person of petitioners is no longer required for further investigation and they are not stated to be previous convicts. Petitioners are in custody since 14th September, 1982. In the circumstances I order release of petitioners on bail subject to their furnish ing security in the sum of Rs. 10,000 (Rupees ten thousand) with one surety each in the like amount to the satisfaction of the Assistant Com missioner/Duty Magistrate, Lahore.
4. It will be open to trial Court to consider the cancellation of bat of petitioners at any stage.
5. This order will not prejudice the case of either party before the trial Court for purposes of trial or, on the question of bail of other co-accused.
Bail allowed.
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