2012 PLP 1742 (MLD)
TANVEER SHAH — Petitioner Versus THE STATE and another — Respondents
| Citation | 2012 PLP 1742 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | TANVEER SHAH — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 1742 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 1742 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 1742 (MLD) (TANVEER SHAH — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rai Salah ud Din for Petitioner.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), Ss. 381-A & 411
Theft of a car or other motor vehicles, dishonestly receiving stolen property
Allegation against accused was that the stolen car of the complainant was recovered from his possession
No evidence on record existed against the accused to attract the provisions of S.381-A, P.P.C, and at the most S. 411, P.P.C was attracted against the accused
Accused had been acquitted in other three cases registered against him and was behind bars and was no more required for the purpose of investigation
Offence alleged against accused did not fall within the prohibitory clause of S.497, Cr.P.C
Bail petition of accused was allowed and he was admitted to bail.
Judgment & Decree
MANZOOR AHMAD MALIK, J.
Tanveer Shah, petitioner seeks bail after arrest in case F.I.R. No.399 dated 11-5-2011 registered under sections 381-A and 411, P.P.C. at Police Station City Jaranwala District Faisalabad. The allegation against the petitioner is that stolen car of the complainant was recovered from his possession.
2. Learned counsel for the petitioner, in support of this petition, contends that the petitioner is not nominated in the F.I.R; that there is no evidence against the petitioner which could attract the provisions of section 381-A, P.P.C. and the recovery of the vehicle on the pointation of the petitioner is fake; that the petitioner is behind the bars since 8-6-2011 and no more required for the purpose of investigation; that the petitioner has been acquitted in all other cases which were registered against him. The learned counsel for the petitioner has produced certified copies of the judgments passed in said cases.
3. Learned Deputy Prosecutor General assisted by the learned counsel for the complainant opposes this bail petition on the grounds that the petitioner is fully involved in this case and the car was recovered from his possession; that the petitioner is also involved in three other cases of similar nature. However, learned D.P.G. concedes that so far there is no evidence on the record which could attract the provisions of section 381-A, P.P.C. qua the petitioner. But at the same time states that there is sufficient evidence which attracts the provisions of section 411, P.P.C. against the petitioner.
4. I have heard the arguments of both the sides.
5. As stated by the learned D.P.G., so far there is no evidence on the record against the petitioner, which could attract the provisions of section 381-A, P.P.C. and at the most the provisions of section 411, P.P.C. are attracted against the petitioner. The petitioner has been acquitted in all the three cases registered against him as is evident from the certified copies of the judgments produced by the learned counsel for the petitioner. The is behind the bars since 8-6-2011 and no more required for the purpose of investigation. The offence does not fall within the prohibitory clause of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs.5,00,000 (rupees five lac) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. MWA/T-42/L Bail granted.