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Criminal Petition No. 42 of 1984, decided on 5th September, 1984.

‑ ‑S. 497‑‑Penal Code (XLV of 1860), S. 412‑‑Dishonestly receiving property stolen in commission of dacoity‑‑Bail‑‑Despite the fact that case was not that of Hudood offence, as no two male witnesses were available to testify on main occurrence, nonetheless it was a case of Tazir punishable with same punishment as prescribed under S. 412, P.P.C. i.e. imprisonment for life or 10 years‑‑Stolen property which. was subject‑matter of dacoity was allegedly recovered from accused Bail held, rightly refused to accused in circumstances.

Akhlaq Ahmed Siddiqui, Advocate Supreme Court with Faizanul Haq, Advocate‑on‑Record for Petitioner.

Nemo for the State.

Date of hearing: 5th September, 1984.

.‑‑Despite the fact that it is not a Hudood offence as no two male witnesses are available to testify on the, main occurrence nonetheless it is a case of Tazir punishable with the same punishment as prescribed under section 412, P.P.C., that is, imprisonment for life or 10 years. The stolen property which was the subject‑matter of dacoity was allegedly recovered from this petitioner, and, in the circumstances, we do not find any error in the judgment of the High Court if it has not allowed bail.

Accordingly, the petition is dismissed.

M.B.A. Petition dismissed.

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