379. Punishment for theft.--Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
COMMENTARY
1. Scope. Recovery of stolen watch not put to accused. 1989 PCr.LJ 878. Removal of trees in assertion of contested claim. 1989 PCr.LJ 1660. Jurisdiction of High Court with regard to offences under Ss. 379 & 380, P.P.C. not ousted. PLD 1989 Lah. 272. Taking away goods by wife. No offence under this Section. 1991 Law Notes 1239. Case property neither produced nor exhibited. 1994 PCr.LJ 1874. Out of four eye-witnesses only one examined who was the real son of the complainant. Prosecution failed to prove its case. 2000 PCr.LJ 108. Person found guilty of offence of theft u/S. 379, PPC cannot simultaneously be convicted u/S. 411. 2000 MLD 651.
Registration of case with the police on written application of Bank's Officer, was not in accordance with law on the subject because cognizance of offence in case could only be taken by Banking Court and that too on the complaint in writing by a person authorized by the Financial Institution/Bank. Continuance of F.I.R. in the case would amount to nothing, but mere abuse of process of law. F.I.R., was quashed, in circumstances. 2005 PCr.LJ 766.
Remedy for quashing of proceedings was not available when alternate remedy was available in shape of Ss. 265-K & 249-A, Cr.P.C. Quashing of proceedings at early stage was neither permissible nor preferable and every criminal case should be allowed to proceed on its merits. High Court could not assume the role of investigator. 2006 PCr.LJ 347.
3. Pre-arrest bail. Plea of petitioners for third time in High Court. Petitioners were granted interim bail but inspite of that concession, they did not join investigation. Pre-arrest bail application dismissed. 2006 P.Cr.R. 179.
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