About the theft of his one head of pregnant buffalo valuing Rs.35,000 on the night falling between 15/16-9-1996 Ahmad Saeed complainant got recorded crime case No.196 on 17-9-1996 under section 379, P.P.C. Under Article, 14 of the Offences Against Property (Enforcement of Huddod)
Ordinance, 1979 at Police Station Sahiwal, District Sargodha. According to the complainant he was intimated by Muhammad Ashraf and Muhammad Tariq P.Ws., that they had seen Sher Muhammad petitioner-accused taking away his buffalo. The police arrested Sher Muhammad petitioner- accused on 19-9-1996 who is said to have led to the recovery of the stolen buffalo which was taken into possession vide a memo. Attested by Ahmad Saeed and Muhammad Ashraf P.Ws. The bail plea of this petitioner has been rejected by the Additional Sessions Judge with the reasoning that he is involved in many criminal cases and is a history-sheeter of Basta 'A'. Sher Muhammad petitioner has filed this petition before this Court to try his luck to be admitted to bail.
2. I have heard the learned counsel for the petitioner as well as learned State Counsel and gone through the record before me. The main contention of the learned counsel for the petitioner is that even according to the material narrated in the order passed by the learned Additional Sessions Judge who dismissed the bail application of this petitioner the last case was registered against this petitioner during the year 1989 while this case has been registered during the month of September, 1996. According to him the lapse of the aforesaid period is enough to make out that the petitioner has mended himself and on this ground the discretion may not be withheld as he is involved in a case of recovery of the stolen buffalo which prima facie falls under section 411, Pakistan Penal Code which does not fall within the prohibitory clause. On the contrary learned Counsel for the State laid the emphasis that Sher Muhammad petitioner is a history-sheeter whose record is being maintained in Police Station Sahiwal, District Sargodha. He referred to the record brought by the Police Officer in the matter.
3. I have gone through the record of the petitioner who is under legal surveillance being a history- sheeter. Till 24-9-1996 there are entries in the history-sheet record. In this record after the year 1979 there is no mention about the direct involvement of this petitioner in any theft case through the registration of a criminal case at any Police Station. He has been joined in two cases during the years 1993 and 1994, but there is no mention in this record that he was treated as an accused in the aforesaid both the cases. If the petitioner is history---sheeter obviously he is criminally liable in the matter for the relevant purpose and has to be watched who is being watched practically. As such due to the aforesaid reason expounded by the prosecution and given the weight by the learned lower Court the petitioner cannot be deprived of his right, if any, for his admission to bail.
4. On merits the attraction of Article 14 of the Offences Against Property (Enforcement of Hudood)
Ordinance, 1979 can safely be held to be a question of further inquiry as it was after the arrest of this petitioner that he is said to have led to the recovery of the stolen buffalo which aspect of the matter may prima facie fall under section 411, Pakistan Penal Code. The recovery memo is attested by the complainant and Muhammad Ashraf P.W. This Muhammad Asharf P.W. Alongwith Muhammad Tariq P.W. Is said to have seen Sher Muhammad accused taking away the pregnant buffalo just after the alleged occurrence. However, the important aspect of the matter is that they did not themselves immediately intimate the complainant in the matter. It means that to the said extent their statements shall have to be viewed with caution even at this stage. Consequently I agree with learned counsel for Sher Muhammad petitioner that the petitioner is entitled to be admitted to bail in the circumstances of the matter. In my view as well it is proper that this petitioner is admitted to bail than he is retained in Jail.
5. I, therefore, accept this application and admit Sher Muhammad petitioner to bail in the sum of Rs.25.000 (rupees twenty-five thousand only) with one surety in the like amount to the satisfaction of the learned Sessions Judge, Sargohda with the direction to appear before the learned trial Court on every date of hearing failing which the learned trial Court may cancel his bail.