1999 PLP 1643 (MLD)

M. Ramzan Chaudhry for Petitioners. Muhammad Khalid Khattak for the State Date of hearing: 1st June, 1998 Noor Muhammad complainant got recorded F.I.R. No.89, dated 13-2-1998 at Police Station Gogera, District Okara under section 379, P.P.C. with the allegation that 15 days before his one head of buffalo valuing Rs.20,000 was stolen. The foot prints reached the bank of River Ravi. The Trackers named Sher alias Shera, Hashmat (petitioners-accused), Zakir, Farazand, Amin and Sarwar as the accused of the case who are said to have given the undertaking to return the buffalo. However, they did not abide by the promise.

2. On 19-2-1998, the stolen buffalo is said to have been taken into possession by the police under section 550, Cr.P.C. vide recovery memo attested by Noor Ahmad and Shah Jamal Constable. The said recovery is alleged to have been made from Sher alias Shera and Hashmat accused-petitioners named in the F. I. R.

3. The bail plea of both the petitioners Sher alias Shera and Hashmat is said to have been rejected by the Area Magistrate and the learned Sessions Judge Okara on the ground that some other cases of cattle lifting are also pending against them at Police Station Bhalak, District Faisalabad. The petitioners have filed this petition before this Court to try their luck to be admitted to bail.

4. I have heard the learned counsel for the petitioners as well as learned counsel for the State and gone through the record before me.

5. The bail application of petitioners has been rejected by the learned lower Courts on the ground that they are involved in other cases of cattle lifting. However, it was admitted by the Police Officer present in Court that no case of cattle lifting against both the petitioners is registered or pending at Police Station Gogera District Okara. He has referred to the list of some cases said to have been registered at Police Station Bhalak, District Faisalabad against the petitioners. However, a perusal of this list has made out that the same contains the seal of Police Station Gogera, District Okara and not the seal of Police Station Bhalak, District Faisalabad. On this very short ground, this list can safely be ignored at pass an order accordingly. Even otherwise, mere production of the list or without the result of the cases in favour of the prosecution regarding the conviction of the accused, the same cannot steal the eminence for the purpose of the retention of the discretionary relief. The fact of the matter is that the case was referred to the Police with a delay of 15 days on 13-2-1998, that the offence under section 379, P.P.C. does not fall within the prohibitory clause whereupon the acceptance of bail is a rule and its rejection isle an exception and that the stolen buffalo stands recovered. On this score, the e petitioners are held entitled to be admitted to bail.

6. It would be instructive to express that a bail application has to be disposed of within the framework of section 497 of the Code of Criminal Procedure and not on the basis of material which is neither available nor relevant in the matter

7. For what has been said above, I accept this application and admit both Sher alias Shera and Hasmat petitioners-accused to bail in the sum of Rs.10,000 (rupees ten thousands only) each with one surety each in the like amount to the satisfaction of learned Area Magistrate Police Station Gogera, District Okara with the direction to appear before the learned trial Court on every date of hearing failing which the learned trial Court may cancel the bail allowed to the petitioners by this Court.

8. Copy Dasti subject to payment of usual charges. N.H.Q./S.238/L Bail allowed.