Case Details

Citation(s)
2014 SLG 427 2014 SLD 427 2014 PLJ 488
Lahore High Court
Crl. Misc. No. 4770-B of 2013, decision & hearing Date : 22.10.2013.
ABDUS SATTAR ASGHAR, JUSTICE
Rana Jahan Zaib Khan, Advocate with Petitioner. Mr.Shaukat Ali Ghauri, APG for State. Mr. Muhammad Imran Ansari, Advocate for Complainant.

ALI RAZA

VS

STATE AND ANOTHER

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Electricity Act, 1910, S. 39(A)--Pre-arrest bail--Confirmed--A detection bill was issued to petitioner who has paid said amount in two installments and now no detection bill was outstanding against petitioner--Copies of paid detection bills were also annexed with file--Offence u/S. 39-A of Act ibid does not fall within prohibitory clause of Section 497, Cr.P.C.--No recovery was pending against petitioner--In attending circumstances bail cannot be refused as a matter of punishment. THIS ORDER PASSED BY: ABDUS SATTAR ASGHAR, JUSTICE:---.--- Ali Raza petitioner/accused in case FIR No. 290/2013 dated 09.7.2013 under Section 39-A of the Electricity Act, 1910 Police Station Lohari Gate District Multan seeks pre-arrest bail through this petition. 2. As per FIR lodged on 09.7.2013 on the report of Sikandar Hayat Sub-Divisional Officer MEPCO Multan it is alleged that the petitioner was stealing electricity from MEPCO Main Line through private wire. 3. It is argued by learned counsel for the petitioner that he is innocent and has been falsely implicated in this case with malice; that the detection bill imposed by the WAPDA Authorities with regard to the stealing of the electricity has been paid by the petitioner; that there was no justification for the WAPDA Authorities to get register the case; that offence Section 39-A of the Act ibid does not fall within ambit of prohibitory clause of Section 497, Cr.P.C.; that nothing is to be recovered from the petitioner, therefore, he deserves concession of pre-arrest bail. 4. On the other hand, learned DPG for the State after…
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