KHALID PAL KHWAJA, J.- On 1.12.1993 a case under Section 379 PPC read with Section 14 of the Offences against Property (Enforcement of Hudood) Ordinance VI of 1979 was registered at Police Station Kundian, Mianwali at the instance of Abdul Hameed complainant. It was alleged that about two days back two steel girders belonging to the complainant which were lying near his under- coostruction house were stolen by someone. Subsequently on 8.12.1993 the aforesaid stolen property was recovered from the house of one Ghulam Hussain at the instance of Ghulam Akbar alias Akram and Noor Din accused. The said Ghulam Hussain told the police that he had purchased the girders in question from Noor Din against a receipt which he produced before them.
In view of the said recovery Section 411 PPC was also added.
2. Ghulam Akbar alias Akram accused has applied for the bail.
3. I have heard the learned counsel for the petitioner and the A.S.I, who has brought the record.
Record has also been perused. No law officer has appeared on behalf of the State although message was sent to A.G's Office and the case was kept in waiting.
4. Admittedly there is no evidence about commission of theft in this case except the alleged admissions of the accused before the police which are not admissible. The offences charged against the petitioner are not punishable with death, life imprisonment or imprisonment for 10 years and therefore, do not fall within the prohibitory clause of Section 497 Cr.P.C. The accused petitioner is in the judicial lockup. He is not required for the purposes of investigation. His further detention would not serve any useful purpose. Bail application has not been opposed by the State.
Consequently the petitioner is admitted to bail in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of Resident Magistrate, Kundian.