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PLJ 2007 Cr.C. (Karachi) 213

HANIF vs STATE

CitationPLJ 2007 Cr.C. (Karachi) 213
CourtSindh High Court
Case No.Crl. Bail Appl. No. 751 of 2006
Date2006-08-17
Judge(s)Muhammad Moosa K. Laghari
ResultBail granted.

ORDER

1. The applicant having been sent up in Crime No. 117 of 2006 registered on 17-6-2006 at Police Station Baloch Colony, Karachi on the complaint of Muhammad Ahmed against unidentified persons for theft of his Suzuki van has prayed for bail.

2. 'It is urged by the learned counsel for the applicant that the challan has been submitted under Section 411, P.P.C. which provides punishment for three years. The alleged recovery of stolen Suzuki/Hi-Roof was made at a public place around 10 a.m. on 11-7-2006 but nobody from the public was associated to witness the recovery.

3. The learned counsel for the State has opposed the grant of bail though he concedes that the punishment provided under the law is three years and that Mashirs of recovery are police personnel.

4. 'On consideration of the facts, it appears that this is a case of further enquiry, as the alleged recovery from the possession of the applicant is doubtful. Besides, the offence warranting sentence of three years does not fall within the prohibition contained in Section 497, Cr.P.C.

5. The applicant is accordingly directed to be released on bail on furnishing surety in the sum of Rs.

6. 50,000 (Rupees fifty thousand only) and P.R. bond in the like amount to the satisfaction of the trial Court.

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