case law on bail in Theft

S. 497(2)---Penal Code (XLV of 1860), Ss.380 / 457 / 436/ 34---Theft in dwelling house, lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment, mischief by fire or explosive substance with intent to destroy house, common intention---bail , grant of---Further inquiry---Two eye-witnesses of the incident were not shown in the challan and they had also not deposed or corroborated the allegations, as mentioned in the F.I.R.---F.I.R. was silent with regard to the allegations of taking away entire house hold items and it was also not clear as to how the said items were shifted from the house to another place---No recovery of any item had been made from the accused---Record revealed that an F.I.R. had been lodged in the past in which complainant of present F.I.R. was shown as an accused and present accused was one of the witnesses of that F.I.R.---Was yet to come on record as to what happened with the large number of stolen articles/ goods---Case of further inquiry was made out in terms of S.497(2), Cr.P.C.---Accused was admitted to bail , accordingly.

2012 YLR 1340 KARACHI-HIGH-COURT-SINDH
Side Appellant : ABDUL HAFEEZ
Side Opponent : State