| Citation(s) |
|---|
| 2014 SLG 2227 2014 SLD 2227 2014 PCRLJ 1468 |
Lahore High Court
Criminal Miscellaneous No. 7963-B of 2013, decided on 11th July, 2013
SHAHID HAMEED DAR, J
Fahad Ahmad Siddiqui for Petitioner. Mrs. Muqadass Tahira, Additional Prosecutor-General Punjab along with Hanif, S.-I. for the State. Muhammad Hanif Khan for the Complainant
Criminal Miscellaneous No. 7963-B of 2013, decided on 11th July, 2013
SHAHID HAMEED DAR, J
Fahad Ahmad Siddiqui for Petitioner. Mrs. Muqadass Tahira, Additional Prosecutor-General Punjab along with Hanif, S.-I. for the State. Muhammad Hanif Khan for the Complainant
RASHID MASIH
VS
The STATE and another
Law:
Section:
Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), S. 462-B---Theft of oil from a petroleum pipeline--- Bail, grant of---Incompetent investigation of case---Effect---Accused along with his-co-accused was alleged to have pilfered a sizeable quantity of oil by tampering a main underground petroleum pipeline---Main oil pipeline connecting the country had been tampered with for pilfering oil without conceiving its hazardous fall-out, as breach in the main pipeline could have flooded and set-ablaze the entire area causing massive loss of property and human lives---However, investigation of the case was so shallow that alleged offence was not backed by any incriminating evidence except for alleged recovery of twenty liters of petrol from the accused, which carried little weight as it was not compared with the oil flowing in the pipeline---Statement of complainant/employee at oil refinery required collection of circumstantial evidence, but same was not done during investigation---For investigation of a high profile case such as the present one, dexterity, craftsmanship and legal acumen were prerequisites, however investigation of the present case appeared to be of the poorest quality, brainlessly carved out and hopelessly dealt with---Due to said fallacies in the prosecution's case, accused had made out a case for bail in his favour under S. 497(2), Cr.P.C.---Accused was no more required for any recovery---Accused was released on bail accordingly with the direction that Provincial Inspector General of Police and Additional Inspector General (Investigation) should look into the efficiency, conduct and potential of the investigating officer of the present case and other officials supervising him, and formulate an opinion if the fallacies in the investigation of the present case were to be taken pride of or they asked for bemoaning and bowing the heads in acknowledgement of failure. ORDER SHAHID HAMEED DAR, J.---The petitioner seeks bail after arrest in case F.I.R. No.443, dated 27-8-2012, under section 462-B, P.P.C., registered at Police Station Saddar Farooqabad, District Sheikhupura. 2. Bashir Ahmad Malik, Admn. Officer, PARCO is theβ¦
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