MUHAMMAD AZIZ alias MANA vs State S — 2023 SCMR 1773 SUPREME-COURT

Case information

Citation: 2023 SCMR 1773 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: MUHAMMAD AZIZ alias MANA vs State S
Subject matter: Criminal
Provisions referred to: S. 498---P; 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

MUHAMMAD AZIZ alias MANA VS State S. 498---Penal Code (XLV of 1860), Ss. 381 & 411---Constitution of Pakistan, Art. 185(3)---Theft by clerk or servant of property in possession of master, dishonestly receiving stolen property---Pre-arrest bail, grant of---Entire fraudulent transaction took place in a span of more than four years and no specific dates for commission of theft have been given---FIR was lodged with an inordinate delay of 13 days for which the complainant did not utter a single word---Only allegation against the petitioner (accused) is that he used to purchase the stolen articles from the co-accused---Admittedly, petitioner was not employee of the complainant, therefore, the question of applicability of section 381, P.P.C. would be resolved by the Trial Court---All the co-accused of the petitioner have been granted post-arrest bail by the court of competent jurisdiction---Maximum punishment provided under the statute for the offence under section 411, P.P.C. is three years and the same does not fall within the prohibitory clause of section 497, Cr.P.C.---Possibility cannot be ruled out that the petitioner has been involved in the case by throwing a wider net by the complainant---Mere allegation of causing huge loss is no ground to decline bail to an accused---Petition for leave to appeal was converted into appeal and allowed, and petitioner was admitted to pre-arrest bail.

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