| Citation(s) |
|---|
| 2016 SLG 1541 2016 SLD 1541 2016 PLJ 150 |
Lahore High Court
Crl. Misc. No. 15463-B of 2015, decided on 9.12.2015. Date of hearing: 9.12.2015.
ABDUL SAMI KHAN, J.
Mr. Shah Nawaz Ismail Gujjar, Advocate with Petitioner in person. Mr. Irfan Zia, Deputy Prosecutor General for State. Mian Muhammad Yasir Rafi, Advocate for Complainant.
Crl. Misc. No. 15463-B of 2015, decided on 9.12.2015. Date of hearing: 9.12.2015.
ABDUL SAMI KHAN, J.
Mr. Shah Nawaz Ismail Gujjar, Advocate with Petitioner in person. Mr. Irfan Zia, Deputy Prosecutor General for State. Mian Muhammad Yasir Rafi, Advocate for Complainant.
MUHAMMAD TARIQ RASHEED
VS
STATE and another--Respondents
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 462-E--Bail before arrest, refusal of--Speicfic role of stealing gas after tampering meter--Prima facie--Owner of CNG station--Prohibitory clause--Contention of--Accused had no concern with theft of sui-gas as he has rented his station--Petitioner had not obtained NOC from SNGL before giving SNG station on rent which was mandatory--Offence with which petitioner was charged falls under prohibitory clause of Section 497, Cr.P.C.--Petitioner had also failed to prove any mala fide on part of complainant who was employee of SNGPL to falsely implicate him in that case which was basic ingredient for grant of pre-arrest bail--Bail was dismissed. ORDER Through this petition under Section 498, Cr.P.C. the petitioner has sought pre-arrest bail in case FIR No.434/2014 dated 10.10.2014 under Section 462-E, PPC, registered at Police Station Narang Mandi, District Sheikhupura. 2. I have heard the learned counsel for the parties and have also gone through the record of this case with their able assistance. This is bail before arrest which is an extraordinary remedy and only tentative assessment is allowed at this stage. Admittedly the FIR was recorded on the written application of Respondent No.2 who is Admin Officer of SNGPL and delay in such like cases is not fatal to the prosecution as a Government department has become complainant against the present petitioner. It has been noticed by this court that the petitioner is named in the FIR with specific role of stealing gas after tempering the meter. The petitioner has been found involved not only by the Investigation Officer of this case but also the prosecution witnesses have got recorded their…
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