Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Electricity Act (IX of 1910), S. 39-A---Prevention of Corruption Act (II of 1947), S. 5(2)---Electricity theft, criminal misconduct---Bail, grant of---Delay in trial---Medical grounds---Late age of accused---Effect---Accused allegedly committed theft of electricity and also provided such electricity to other inhabitants of the locality---Accused was an aged man and was also ill---Section 39-A of Electricity Act, 1910 provided a sentence of 3 years' imprisonment [thus it did not fall within the prohibitory clause of S. 497(1), Cr.P.C.]---Accused was behind bars for the last seven months---Challan had been submitted against accused but on account of non-availability of Special Judge, the trial was not proceeding---Supreme Court granted bail to accused in circumstances and directed the concerned authority to take immediate steps for appointment of Presiding Officers of Special Courts. THIS JUDGMENT DELIVERED BY: IQBAL HAMEEDUR RAHMAN, JUSTICE:---.--- Through the instant petition the petitioner seeks post-arrest bail in case F.I.R. No. 37/2013 dated 1-8-2013 for offence under Section 39-A of Electricity Act, 1910 read with section 5(2) of Prevention of Corruption Act, 1947 registered at P.S. FIA, ACC, Lahore. The instant case has been registered against the petitioner and other co-accused including WAPDA employees after a raid had been conducted by the Assistant Director, FIA, with the allegation that the petitioner had been committing theft of electricity by using direct supply of electricity from the main line of WAPDA. It has further been alleged that through the said line the petitioner was also providing electricity to 70/80 other inhabitants of the locality thereby causing huge loss to Government exchequer. The petitioner earlier moved two bail applications before the learned Special Judge (Central), Lahore, which were declined. Thereafter, he approached the learned Lahore High Court, Lahore seeking his bail but the same has also been declined vide impugned order, hence this petition. 2. Mr. Hammad Akbar Wallana, learned counsel for the petitioner, contended that the petitioner is an old person of 70 years…

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