' Dilawar Khan respondent in Cr. Misc./BCA.No,467/1991 and Gul Gha Jan and Attaur Rehman respondents in Cr. Misc./BCA.No,468/1991 were alleged to have stolen a show-case containing watches and belonging to Iftikhar Khan petitioner herein. They are charged under sections 379 and 411 of the Pakistan Penal Code and section 14 of the Offences Against Property (Enforcement of Hudood) Ordinance (VI 1979) (hereinafter to be called as the Ordinance) vide F.I.R. No,355 dated 26-4-1991 registered at Police Station, Kabali, Peshawar. The learned Addl. Sessions Judge by his two orders dated which the respondents stand charged squarely fell under section 411, P.P.C. Which does not fall within the prohibitory clause of section 497(1), Cr.P.C. And section 379, P.P.C. Was not attracted to their case. I am afraid, this observation of the learned Addl. Sections Judge is not based on any sound principle and should have been avoided to be expressed.
Nonetheless, the offences under sections 379 and 411, P.P.C. Are punishable with imprisonment for three years each while that under section 14 of the Ordinance it has been provided that whoever commits theft liable to Tazir shall be awarded the punishment provided for the offence of theft in the Pakistan Penal Code. It would thus be seen that for the offence under section 14 of the Ordinance the respondents if convicted, shall be awarded punishment provided for under sections 379 and 411, P.P.C., which, as stated earlier, are punishable with three years' imprisonment.
2. In these circumstances, I am of the opinion, that the respondents have been rightly enlarged on bail by the learned Additional Sessions Judge. These two petitions, therefore, stand dismissed in limine.