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Criminal Bail Application No. 399/B and 622 of 1987, decided on 2nd April, 1987.

Criminal Procedure Code (V of 1898)--

--S. 497--Penal Code (XLV of 1860), S. 379--Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 14--Bail, grant of- Accused picking pocket of complainant and complainant apprehending accused by following him out of Railway Station--No body having seen him picking pocket--Question, whether S.14 of Ordinance VI of 1979 will be attracted, requiring further inquiry--Bail granted in circumstances.

Sardar Mohammad Ishaq for Applicant.

A.A. Mohammad Ali, Addl. A.-G. for the State.

No. 1 and 2 exempted.

3. The applicant is facing trial under section 379, P.P.C. and section 14 of Offences against Property (Enforcement of Hudood) Ordinance, 1979 before the learned Sessions Judge, Nawabshah.

The allegation against the applicant is that on 10-2-1987, the applicant was travelling alongwith the complainant in Multan Express, and while the complainant was sleeping he took out Rs.5,800 from his pocket. That when train stopped at Railway Station Padidan, the complainant got up and found that Rs.5,800 were missing from his pocket. He also found the applicant going out of the Railway Station, on which the complainant and others followed the applicant and caught him alongwith the amount of Rs.5,800. The applicant applied for bail, before the learned Sessions Judge, Nawabshah, but his application was rejected.

I have heard Mr. Sardar M. Ishaq, Advocate for the applicant and Mr. A.A. Mohammad Ali, Additional Advocate-General for the State.

The only contention raised by the learned counsel for the applicant is that in view- of the fact that no person had seen the applicant taking out Rs.5,800 from the pocket of the complainant, therefore, the offence, if any, will fall under section 379, P.P.C. which is punishable with three years.

Mr. A.A. Mohammad Ali, learned Addl. A.-G. appearing for the State has no objection to the grant of bail in view of the above circumstances.

Admittedly, no body has seen the applicant taking out money from the pocket of the complainant, and therefore, the question whether section 14 of Offences against Property (Enforcement of Hudood) Ordinance, 1979 will be applicable to the facts of the present case requires further inquiry' within the meaning of section 497(2), Cr.P.C.

I, therefore, direct that the applicant shall be released on bail on furnishing surety m the sum of Rs.30,000 with P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.

S.A./A-69/K Bail granted.

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