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FARMAN ULLAH vs State S — 2022 YLR 144 ISLAMABAD

Case information

Citation
2022 YLR 144 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
YLR
Parties
FARMAN ULLAH vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 411; S. 497; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FARMAN ULLAH VS State S. 497---Penal Code (XLV of 1860), Ss. 381-A & 411---Theft of car or other motor vehicles---Dishonestly receiving stolen property---Bail, grant of---Delayed FIR---Scope---Allegation against accused was that he committed the theft of the motorcycle of complainant and later on it was recovered at the instance of accused---No evidence of theft of motorcycle existed---Even the FIR was not registered immediately after the occurrence rather the complainant had identified his motorcycle in the police station, whereupon FIR was registered---Section 381-A, P.P.C. was not attracted and the case fell only under S. 411, P.P.C., the punishment whereof was provided as three years, or with fine or with both which did not fall under prohibitory clause of S.497, Cr.P.C.---Police record was also silent that when and from where the stolen motorcycle was got recovered by the accused---Ultimate conviction could repair the wrong caused by mistaken relief but no satisfactory reparation could be offered to the accused for his unjustified incarceration if he was acquitted ultimately---Accused had made out a case of further inquiry as envisaged under S. 497(2), Cr.P.C.---Bail application was accepted, in circumstances.

Other judgments reported in 2022 YLR

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