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Criminal Bail Application No. 614 of 1985, decided on 17th June, 1985.

‑‑‑S. 497‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 14‑‑Penal Code (XI.V of 1860), S. 379‑‑Bail, grant of‑‑Applicants allegedly found sitting in stolen car two days after its theft and arrested from there‑‑Applicants allowed bail, in circumstances.

Shahdat Awan fur Applicants.

A.G. Manghi, Asstt. A.‑G. for the State.

An F.I.R. was lodged on 19‑5‑1985 by the complainant that his car had been stolen. On 22‑5‑1985, according to the prosecution case, both the applicants were found sitting inside the stolen car. They were arrested and challaned. The bail application has been rejected by the learned Sessions Judge, Karachi, on the ground that the applicants were caught red‑handed.

It is submitted by the learned counsel for the applicants that the observation of the learned Sessions Judge that the‑applicants were caught red‑handed is incorrect, as even according to the prosecution case the applicants were found sitting in the car two days after the theft of the car and they were arrested from there. The bail is not opposed by the learned Asstt. A.‑G. According to him, the maximum punishment under section 379, P.P.C. and under section 14 of the Hudood Ordinance for this offence would be three years.

In these circumstances, in my view, the applicants are entitled to bail. Criminal Bail Application No. 614 of 1985 is granted and the two applicants namely Ghulam Ali son of Dust Muhammad and Muhammad Salik son of Muhammad Khan alias Dhaman Khan are ordered to be released on bail on each of the furnishing one surety in the sum of Rs.25,000 each with P.R bond in the like amount to the satisfaction oft the trial Court.

S.G.D. Bail allowed

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