Stealing household articles -- Complainant was husband of the sister of the accused , and she had filed a suit for recovery of dowry articles which was decreed ex -

  2023 SCMR 967

Stealing household articles --- Pre - arrest bail , confirmation of --- Mala fide of complainant --- Complainant was husband of the sister of the accused , and she had filed a suit for recovery of dowry articles which was decreed ex - parte and in the execution proceedings , the bailiff was appointed to recover the said articles --- On the date of occurrence of present FIR , the bailiff visited the house of complainant but failed to recover the articles --- According to the bailiff , the complainant was not present in the house and he kept on waiting for two hours and thus proceedings remained unsuccessful --- While lodging the FIR , the complainant had totally suppressed the relationship of the accused with the complainant and also suppressed the fact of ex - parte decree --- Even the arrival of the bailiff had been suppressed --- All such circumstances clearly indicated the mala fide and ulterior motive on the part of the complainant --- Co accused , who was the father - in - law of the complainant was also nominated as one of the accused but during the investigation it was opined by the Investigating Officer that he was not present there and his bail was confirmed , which order was not challenged --- Case of the accused was at par with his co - accused because the role against both of them was the same , mentioned in the FIR --- Accused had also joined the investigation --- Since accused remained successful in proving the mala fide on the part of the complainant , petition for leave to appeal was converted into appeal and allowed , and pre - arrest bail already granted to the accused was confirmed .