2004 PLP 1535 (MLD)

Having been involved in case registered vide F.I.R. No.237 dated 1-4-2004, under sections 457/380/411, P.P.C./14 Islamic Law at Police Station Faqir Abad, the accused-petitioner applied for his release on bail in the Court of learned Judicial Magistrate Peshawar, but the same was rejected vide order dated 9-4-2004. Thereafter he moved the Court of learned Sessions Judge, Peshawar but his application was dismissed vide order dated 22-4-2004. Now he has moved this Court for his release on bail.

2. Sahibzada Riazatul Haq, Advocate the learned counsel representing the petitioner argued that there was delay of three days in lodging the F.I.R. The occurrence took place on 29-3-2004, whereas the report was lodged on 1-4-2004. There is no explanation about the delay in lodging the F.I.R.

3. It was also argued that the recovered Fans were not put to identification to any of the College Staff to knows as to whether the recovered Fans were the stolen property or not.

4. It was further argued that co-accused Ahmad Jan and Muhammad Ali have already been released on bail therefore, keeping in view the rule of consistency the accused-petitioner is also entitled to be released on bail.

5. On the other hand Mr. Muhammad Saeed Khan, the learned Addl. A.-G. Representing the State argued that not only the accused-petitioner confessed his guilt, but the stolen property was also recovered from his possession and he even pointed out the place wherefrom the Fans were stolen by him, therefore, there was a strong prima facie case connecting him with the commission of offence.

6. I have heard the learned counsel for the parties at length and perused the record.

7. The accused petitioner was arrested on 1-4-2004 by the Local Police. He was produced before the Judicial Magistrate Peshawar on 4-4-2004 and he confessed his guilt. He not only stated the reason for A committing the theft but also mentioned the manner in which the same was committed and the stolen property was transported. After his arrest from his possession three stolen Fans were recovered. So far the argument of the learned counsel for the petitioner that the recovered property was not put to identification is concerned, the same has no force in view of the clean breast confession made by the petitioner that the Fans recovered from him were stolen from the place which was pointed by him. There is a strong prima facie case connecting the accused-petitioner with the commission of offence. The rising trend of thefts in the City has made lives of the people miserable. Their valuable proPerties are not secured at the hands of these miscreants. In the case inhand, the theft was committed in Municipal Inter College for Girls near Shahi Bagh and 9 Ceiling Fans were stolen by the accused-petitioner, thereby depriving the students of the Fans in such a scorching heat, such people need to be dealt with iron hands. I, therefore, do not feel inclined to release the accused-petitioner on bail. Resultantly, the bail petition is dismissed. H.B.T./168/P Bail application dismisse