Allah Rakha alias Shahbaz alias Butt petitioner seeks bail after arrest in case FIR No, 47/08 dated 12.1.2008 for offences under Sections 381-A/411 PPC registered at Police Station Civil Lines, Lahore.
2. The ground taken for bail is that the petitioner was not nominated in the FIR; that even if the recovery is effected, case under Section 411 would be made out and that at all events the offences in which the petitioner has been indicted do not fall within the prohibitory clause. It was claimed that in such cases, bail is granted as a rule and rejection thereof is an exception. Reliance was placed on 2008 P.Cr. LJ 611.
3. The learned Deputy Prosecutor General for the state opposed the bail.
4. After hearing the learned counsel for the petitioner and DPG for the state, I quite see that the recovery of the stolen motorcycle belonging to traffic warden, Sector Mall-II, Lahore was effected from the petitioner who was arrested in some other case (FIR 625/08) for offence under Section 380 PPC. In the course of investigation, the petitioner disclosed and led to the recovery of stolen motorcycle belonging to a police warden. The nature of the offence forming the subject matter of both the FIRs, as aforementioned, is almost the same. The act of the petitioner is stealing away the motorcycle belonging to a police official right from Regal Chowk Lahore, cannot be taken lightly. It reflects his desperation. The argument that there was violation of Section 103 Cr.P.C. has no force at all, because in case of recover of motorcycle, Section 103 Cr.P.C. was hardly applicable, the more so when the accused had himself led to discovery of a fact. In such a situation, the recovery made would be admissible under Article 40 of the Qanun-e-Shahadat Order, 1984. The argument in that context was, therefore, nothing but a subterfuge. Considering the nature of offence in which the petitioner is involved, I am not inclined to exercise my direction in his favour. His application is