Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S. 462-C---Theft of sui-gas---Pre-arrest bail, refusal of---Prima facie case---Both the accused were owners of steel re-rolling mills allegedly consuming stolen sui-gas---Raiding party consisted of special task force team of Sui-gas department, besides district administration officials and local police, which on receipt of spy information as to theft of gas, raided steel re-rolling mills--- Raiding party dug up suspected spot and unearthed theft of gas through no-return valve fixed on 4¢¢ diameter distribution pipeline and stolen gas was being supplied to steel mills---Raiding party also discovered a tunnel between dug up place and factory---No-return valve and consumer meter station (CMS) were removed and taken into possession---Prosecution case brimmed with connecting evidence against accused persons and there existed no material to believe at bail stage that they had been falsely involved in case due to malice or ulterior motives of complainant or they had not committed offence alleged---Pre-arrest bail was refused in circumstances. Dr. Muhammad Riaz Akhtar alias Dr. Shahid v. The State and another 2012 SCMR 1685 and Ghulam Ahmad Chishti's case 2013 SCMR 385 ref. ORDER SHAHID HAMEED DAR, J.---The petitioners, Malik Javed and Malik Pervez seek pre-­arrest bail, as they apprehend their arrest by the police in case-FIR No.778/2013, dated 3-7-2013, under section 462-C, P.P.C., Police Station Baghbanpura, Lahore. 2. In fact, the petitioners are not named in the FIR and what we learn therefrom is, that the area allegedly dug-up by the raiding party, headed by Shah Nawaz Khan, Superintendent Admn, Sui-Gas Office Gulberg, Lahore (complainant) to unearth unauthorized supply of gas to a factory/foundry, belonged to Khawar Sadiq, the owner of Malik Steel Re-rolling Mills and Saifullah accused, who was arrested by the police then, was apparently shown his employee/representative; according to the allegations, the raiding party on digging the place discovered that Malik Steel Re-rolling Mills committed theft of gas through a no-return-valve, fixed on a 4" dia. pipeline which connected the…

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