2011 P Cr (PLP)

GHULAM MUSTAFA MENGAL, J.

This bail application is filed by Noor Ahmad son of Abdul Sattar as his bail application has been rejected by Judicial Magistrate-V/MFC, Quetta as well as by learned Additional Session Judge-V, Quetta in Crime No.137 of 2010 under section 381-A, P.P.C. registered at Police Station, Sariab, Quetta. The brief facts of the case are that one Mustafa Khan son of Hidayatullah Khan lodged F.I.R No.137 of 2010 with Police Station, Sariab, Quetta on 15-8-2010 alleging therein that today he came from Bazar and parked his Alto Car bearing Registration No.ANE-004 model 2006 Chasis No.898503 Engine No.B359979 out side his house. At about 4-30 p.m. children's who were playing in the street came and informed him that three persons started his car and took away the same. On receipt of this information he came out and he along with his friend namely Niaz Ahmad chased the accused person on motor cycle and he also informed

15. It is also alleged in the F.I.R. that while accused persons entering into a house situated in Langovabad he along with his friend empowered the applicant while remaining accused persons escaped from the place, meanwhile Police party reached at the spot and arrested the accused person, who disclosed his name as Noor Ahmad son of Malik Abdul Sattar residence of Killi Deba and thus the report was lodged against the applicant and co-accused persons. Mr. Muhammad Riaz Ahmad learned counsel for the applicant contended that the applicant was arrested on 15-8-2010 and since then he was behind the bars. He further contended that the Challan has already been submitted on 27-8-2010, therefore, applicant is not required any more for the purpose of investigation and offence does not fall within the prohibitory clause of section 497, Cr.P.C. On the other hand the learned counsel for the .State strongly opposed the bail application. According to him applicant was apprehended at the spot and the stolen Car was recovered on his pointation. According to him there is sufficient incriminating material against the applicant to connect him with the commission of alleged offence. I have heard arguments of learned counsel for the respective parties. It is apparent from the record that the alleged stolen Car was not recovered from the possession of applicant. Without touching the merits of the case so that it may not prejudice the case of either party, offence under section 381-A, P.P.C. carries a maximum punishment of seven years, which does not come J within the prohibitory clauses of section 497, Cr.P.C. and moreover the case against the applicant requires further inquiry. In view of the above position, the interim bail granted to the applicant vide order dated 9-9-2010 is hereby confirmed subject to furnishing surety to the tune of Rs. 2,00,000 and P.R. of like amount to the satisfaction of trial Court, while sureties already furnished by the applicant shall stands discharged. A.R.K./109/Q Bail granted.