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Criminal Miscellaneous No. 2287-B of 1986, decided on 3rd September, 1986.

---S. 492--Offenoea Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.14--Bail, grant of--All co-accused already on bail Enmity of police against accused, alleged--Stolen crop already recovered-Accused, held, entitled to concession of pre-arrest bail in circumstances.

Akmal Saleemi for Petitioner.

Ch. Muhammad Mansha for the State.

Date of hearing: 3rd September, 1986.

Petitioner alongwith his brother, father and two others, are accused of having stolen 20 maunds of wheat lying on the thrashing-floor which belonged to Suleman, complainant, who was tenant of Maqsood, father of the present petitioner. Admittedly all the accused except the petitioner have been released on bail by the trial Magistrate after arrests.

2. Learned counsel for the petitioner states that the case against the petitioner and his other close relatives is the result of the habeas corpus petition moved against Barkat Ali S.H.O. Police Station Hujra Shah Mukeem, Tehsil Dipalpur. Reference to the records of Criminal Miscellaneous No. 309-H of 1986 prima facie supports the aforesaid statement. From the orders passed on 19-7-1986 by this Court the contention of the learned counsel for the accused receives some support. Investigating Officer states that the alleged stolen wheat has already been recovered. Learned counsel for the petitioner, however, states that the wheat was purchased from the open market and was planted on the petitioner.

3. Without deeper comments on the merits of the case, I find that the petitioner is entitled to the concession of pre-arrest bail. Accordingly the bail allowed to him on 11-8-1986 is confirmed.

S.A./746/L Bail confirmed.

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