2023 P Cr (PLP)

ALI BAIG, C.J.

This petition under section 497, Cr.P.C. has been filed by the petitioner/accused namely Jamal Hussain for grant of post-arrest bail in cases FIRs No. 44/2021, 52/2021, 53/2021 and 55/2021 registered under sections 380 and 454, P.P.C. at police station Gahkuch District Ghizer.

1. Briefly stated allegations against the present petitioner/accused are that he has committed theft in five different houses at Gahkuch. Accordingly FIR No.44/2021 under section 380 and 454 was lodged/registered against the petitioner at police Station Gahkuch and he was arrested. During course of investigation the petitioner/accused confessed before the police that he has stolen various items from different houses at Ghakuch. Consequently, four other FIRs bearing No. 52/2021, 53/2021, 54/2021 and 55/2021 were registered against the petitioner and police have also recovered stolen property/ article on the pointation of accused/ petitioner.

2. The learned counsel appearing on behalf of the petitioner/accused contented that the petitioner is innocent and has falsely been involved him in these criminal cases. The learned counsel for the petitioner/accused further argued that the petitioner is 17 years old thus he is juvenile as such he is entitled for concession of bail. The learned counsel for the petitioner/accused further argued that no eye-witness has witnessed the occurrence and there is unexplained inordinate delay in lodging of FIRs. The learned counsel for the petitioner/accused further argued that Ghakuch city is thickly populated area and no recovery witness from locality has been associated during recovery proceedings and police have violated the mandatory provisions of 103, Cr.P.C. Concluding his arguments the learned counsel for the petitioner/accused submitted that offences under sections 454 and 380, P.P.C. do not fall within the ambit of prohibitory clause of section 497, Cr.P.C. and petitioner is entitled for concession of bail.

3. On the other hand the learned Dy. A.G appearing on behalf of the State vehemently opposed this bail petition by contending that the petitioner/accused is habitual offender and about five criminal cases have been registered at police station Ghakuch against the petitioner/accused. The learned Dy. A.G further argued that stolen items have been recovered on the pointation of accused/ petitioner and offence under section 454, P.P.C. falls within the ambit of prohibitory clause of 497(1), Cr.P.C. Concluding his arguments the learned Dy. A.G argued that challan against the petitioner has been submitted in the Court and trial of accused/petitioner has commenced, therefore, the petitioner is not entitled for concession of bail.

4. I have given my this dispassionate thought to the arguments advanced by the learned counsel for the parties and with their able assistance perused available record.

5. Accused petitioner is directly nominated in the FIRs No. 52/2021, 53/2021, 54/2021 and 55/2021 registered under sections 380 and 454, P.P.C. at police station Ghakuch. There is no possibility of false implications of accused/petitioner or substitution. Accused/petitioner though is not convicted in any case previously but his involvement in 05 cases of similar nature is sufficient to declare him habitual offender and there is apprehension that if he is released on bail he may repeat the offence as he seems to be habitual offender. Therefore, he does not deserve any leniency or sympathy.

6. For what has been discussed above, I find no merit in this bail petition which is hereby dismissed. However, the learned trial Court is directed to conclude the trial of case of the petitioner/accused expeditiously. File. SA/2/GB Bail declined.