ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Appln. No.  32 of 2008.

Date of hearing

Order with signature of Judge

For hearing

29.04.2008.

                        Mr. Ali Nawaz Ghanghro Advocate for applicants.

                        Mr. Nisar Ahmed Abro, State Counsel.

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Khawaja Naveed Ahmed, J.-   Heard Mr. Ghanghro Advocate for applicant and Mr. Abro, learned State Counsel.

                        Brief facts of the case are that on 05.01.208, at 2330 hours, complainant Syed Mohammad Shah the Regional Manager Utility Stores Corporation Dadu Region had lodged F.I.R No. 21/2008 at P.S Mehar, stating therein that on 01.01.2008, the Incharge of Mehar Utility Store, namely, Manzoor Ali son of Muhammad Hashim informed at regional office Dadu that on 27.12.2007, at 11.00 p.m. he had received telephone message  that unidentified accused have broken the door of utility store and have removed material lying there.  The complainant on this information had visited utility store on 28.12.2007, and had found the locks of the door broken and marks of fire on the outer door.  Cash Rs.50,000/- was missing from the entire safe.  Such statement was taken in writing from Manzoor Ali by the complainant.  On 02.01.2008, the complainant himself had visited Mehar utility store and found that utility store was empty.  The complainant had alleged in the F.I.R that the damages were assessed to the tune of rupees ten lacs to thirteen lacs.  The  complainant had stated that on 04.01.2008, he had seen slide on television wherein it was written that Manzoor Ali has been arrested from near from the store.  He had made enquiries from the police who had informed him that Manzoor Ali has been arrested with the material belonging to the utility store. Manzoor Ali with the help of Mazda driver taking the advantage of unruly mob in order to usurp the material of utility store he committed theft. The complainant had alleged that accused has misappropriated the amount and was playing fraud with his employer and was caught with the stolen articles.

                        The learned counsel states that at the moment the case falls under section 411 P.P.C as the only evidence produced by the prosecution is that of recovery of articles which were alleged to have been stolen.  The learned State counsel does not oppose the bail application.

                        I have heard both the learned counsel and have perused the record. In the present case applicant Manzoor Ali is the employee of utility stores corporation, while applicant Papu alias Intazar Ali is the mazda van driver.  The case of the prosecution is that they were found in possession of stolen article. As for as merits of the case are concerned I refrain from passing any comments at this stage as this may prejudice case of either side.  However, keeping in view the circumstances of the case, I hold the case as one which requires further enquiry under section 497 subsection (2) Cr.P.C., in as much as to the application of proper section of penal code and forum of trial.  Since the accused was a government employee and section 409 P.P.C has already been applied in this case, which is schedules offence and falls under the jurisdiction of Anti Corruption Court.  It will be for the prosecution to move such application if they so desire. Resultantly, I grant bail to the applicants upon their furnishing surety in the sum of Rs.100,000/- (One lac) each and P.R bond in the like amount to the satisfaction of Additional Registrar of this court.

                                                                                                                        Judge