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Criminal Miscellaneous No.2110‑B of 1986, decided on 6th August 1986.
‑‑‑S.497‑ Penal Code (XLV of 1860), Ss.307, 380, 411 & 458‑‑Bail, grant of‑‑Accused, admittedly not among culprits who broke open into house‑‑Accused found in possession of stolen property‑‑Recovery already effected‑‑Accused remaining in jail for about two months‑‑Accused, held, entitled to be released on bail in circumstances.
Syed Jamshed Ali for Petitioner.
Ejaz Ahmad Chaudhry for the State.
This petition has been moved on behalf of Muhammad Ayub petitioner who stands arrested in a case registered at Police Station Sadar, Sheikhupura, under sections 458, 380, 307 and 411, P.P.C. The petitioner's bail plea was declined by the lower Courts, hence this petition. According to the prosecution one Muhammad Ashraf lodged an F.I.R. at Police Station Sadar, Sheikhupura, to the effect that on the preceding night, four persons, namely, Muhammad Ramzan alias Jahana, Wazir Ali, Faqir Hussain and Ashiq had broken into his house and stole a way number of articles, etc. He also alleged that he and his Mohalladars tried to apprehend the culprits but they made good their escape except Ashiq who was caught at the spot. The incident was accordingly reported at 9‑05 a.m. the following morning.
2. During the investigations Muhammad Ramzan, Wazir Ali and Faqir Hussain were arrested and stolen property belonging to the complainant was recovered at their instance. A raid was conducted on the berg of Ayub petitioner wherefrom the stolen Sony T.V. belonging to the complainant was also recovered on 13‑6‑1986. The petitioner was thus arrested and has since been challaned.
3. I have heard the learned counsel for the petitioner as well as for the State and perused the record.
4. Admittedly, the petitioner was not among the culprits who had broken into the house of Muhammad Ashraf complainant for committing burglary. The only allegation against him is that he kept in possession stolen property/Sony T. V. /knowing or having reason to believe as such. Since the recovery has been effected and the petitioner is in jail for about two months, therefore, I feel inclined to allow this petition. He is directed' to be released on bail subject to his furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Sheikhupura.
S.A Bail allowed.
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