' This application for bail is made on behalf of Muhammad Akram petitioner against whom a report under section 379, P. P. C. Has been lodged at Police Station Thikriwala, District Faisalabad. The allegation against the petitioner is that he along with others had stolen telephone wires.
2. The F. I. R. In this case was recorded on 14-1-1978. It is stated that reports have also been made against the petitioner in 13 other cases, and in every case the petitioner has been accused of theft of telephone wire.
3. It is contended on behalf of the petitioner that the maximum punishment provided for the offence of theft is three years imprisonment, and as such the prohibitory clause contained in section 497, Cr. P. C. Is not attracted in the case. It is further contended that the case against the petitioner is absolutely false and that no recovery has been made from him so far.
4. It is noticed that the petitioner has not applied for bail before the Allaqa Magistrate. It is contended that a large number of false cases are pending against the petitioner, and that it will be very difficult for the wife of the petitioner, who is suffering from Tubercolosis, to cause bail application to be filed on his behalf in different Courts in Faisalabad.
5. The question whether any of these cases is true or false, will be decidei at the trial. However, in my view, the fact that a large number of theft cases are pending against the petitioner is no valid reason for entertaining his bail application directly in the High Court, and for allowing him to circumvent the ordinary procedure of approaching the trial Magistrate in the first instance for the purposes of bail.
6. This application is therefore dismissed.