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Criminal Miscellaneous No. 2911/13 of 1986, heard on 1st November, 1986.

---S. 497--Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979). S. 17--Bail grant of--Complainant driving his van during night on his way, stopped by three unidentified persons, who boarded van--Such persons asking complainant to stop in on the way--After stopping, complainant going to field for urinating--Accused decamping with vehicle--Van recovered from accused--No allegation of accused or his companions being armed with fire-arms--No witness named it F.I.R.--No identification parade held--Accused not identified a any stage as one of culprits--Mere recovery of stolen property, held, would not amount to offence under S. 17 of Ordinance, 1979 and offence of keeping stolen property knowing it to be stolen would not fall under prohibitory clause--Case of accused would, therefore, need further inquiry--Bail granted in circumstances.

M.J. Buttar for Petitioner.

Ashraf Khan for the State.

Shafqat Mahmood petitioner, who was involved in a case under section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, arising out of F.I.R. 113, dated 26-6-1986, registered at Police Station Narang, District Sheikhupura, has sought to be released on bail.

2. It has been alleged in the F.I.R. that on 26-6-1986, Saif-ur -Rehman, owner and driver of Suzuki pick-up bearing registration No. LHN-1285 was returning from Police Station Satra area after unloading some luggage. At about 2-30 p. m. on Lahore-Muridke road three unidentified persons met him on the metalled road in the area of village Kali Suba. They were having a defective motor-cycle bearing No. 177/ LES. On their signal to stop the Suzuki Van he stopped the same. The said three persons got into the Suzuki Van and also placed their motor cycle. At Kot Abdullah, Saif-ur-Rehman took his meals. Thereafter, he continued the journey. In the area of village Chak Waraich he stopped his vehicle as the three said persons asked him to do so. Saif-ur-Rehman went to the nearby field to urinate. In the meantime one of the aforementioned three persons occupied the driver seat and drove away the Suzuki Van alongwith his two companions and the motor-cycle. Saif-ur-Rehman raised hue and cry and ultimately he started for the police station to lodge a report and on his way to the police station he met Inayat Ali Shah A.S.I. and got recorded his statement.

3. It is noteworthy that originally the case was registered under section 14 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, but subsequently on the basis of supplementary statement the offence has been amended as the one under section 17 ibid. In the original F.I.R. there is no allegation that any of the three persons who deprived Saif-ur-Rehman of his vehicle was armed with any fire-arms. No witness finds mentioned in the F.I.R. Admittedly no identification parade has so far been held in this case and on no occasion the petitioner has been identified as one of the culprits by the complainant or any other person.

4. It has been alleged on behalf of the State that the Suzuki Van in question has been recovered from the petitioner and his companions.

Mere recovery of a stolen property does not amount to an offence punishable under section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The offence of keeping stolen properly knowing the same to be stolen one does not fall within the prohibitory clause. In the above circumstances, the case against the petitioner is that of further inquiry. He is, therefore, admitted to bail in the sum of Rs.25,000 (Rupees twenty-five thousand only) with one surety in the like amount to the satisfaction of the A. C., Ferozewala.

S.A Bail granted.

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