Law:

Section:

Criminal Procedure Code (V of 1898)---S. 497(2)---Penal Code (XLV of 1860), Ss. 406, 420 & 462-C---Criminal breach of trust, cheating and tampering with auxiliary or distribution pipelines of petroleum---Bail, grant of---Sui gas theft---Delay in F.I.R.---Employee of mill---Case of further inquiry---Accused was shift in-charge of the mill where theft of sui gas was alleged to have been committed---Delay of one day in lodging crime report for which no plausible explanation was rendered by prosecution---Accused was not owner of factory where theft of gas had been committed, rather he was a petty employee serving over there for earning his livelihood---Prima facie, the accused had no nexus with crime alleged and case against him was one of further inquiry falling within the ambit of S.497(2), Cr.P.C.---Accused had been behind the bars since the date of his arrest and investigation was complete, his corpus was no more required by police for further investigation and as such no useful purpose would be served by his further detention in Jail---Culpability of accused would be determined by Trial Court during trial after recording of evidence---Bail was allowed in circumstances. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.---By means of instant petition, the petitioner seeks his post-arrest bail in case F.I.R. No.751, dated 29-8-2013, offence under sections 420, 406 and 462-C, P.P.C., registered with Police Station, City Raiwind, Lahore. 2. Prosecution story, in brief, as per contents of the crime report is that on 27-8-2013 at 5-30 p.m. raid was conducted by the complainant on the factory being run under the name and style of Be-Be Jan Colours Ltd. Processing Home, Textile Mills, owned by Mian Faisal Ehsan Elahi, where sui gas was being stolen. 3. Learned counsel for the petitioner submits that the petitioner has falsely been roped in the instant case by the complainant against the actual facts and circumstances with ulterior motives. It is argued that there is delay of one day in lodging the crime report for which no plausible explanation has been rendered by the prosecution. Learned counsel submits that Mian Faisal Ehsan Elahi, owner of the factory, who is main…

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