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Criminal Miscellaneous No. 2458 of 1985, decided on 29th October, 1965.
‑‑‑S. 497‑‑penal Code (XLV of 1860), S. 379/411‑‑Bail, grant of‑ Petitioner, allegedly caught red‑handed while picking pocket, a first offender and offences charged with not falling within prohibitory clause of S. 497, Cr.P.C.‑‑Petitioner, allowed bail, in circumstances.
Hassan Ahmed Kanwar for Petitioner.
Sh. Naseer-ud‑Din for the State.
Date of hearing: 29th October, 1965.
Muhammad Nawaz petitioner has moved this petition for bail in a case registered against him under sections 379 and 411, P.P.C.
2. The allegations are that on 3‑9‑1985 at 12 noon the petitioner removed the purse of Abdul Rashid complainant from his pocket when he was alighting from the wagon at Bus‑stand Satluj Cotton Mill, Okara. He was apprehended at the spot and the purse containing Rs.800 and identity card of the complainant was recovered from him.
3. Learned counsel for the petitioner contends that as per his instruction the petitioner is a first offender and the offence alleged against him is punishable with imprisonment for three years only, therefore, he is entitled to grant of bail. The learned State counsel is not in a position to controvert the contention that the petitioner is a first offender. The offences under section 379 and 411, P.P.C. do not fall within the prohibitory clause of section 497, Cr.P.C. I, therefore, admit him to bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner, Okara.
S.G.D. Bail granted.
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