Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)----Penal Code (XLV of 1860), Ss. 462-B, 462-F & 379---Theft, tampering with petroleum pipelines, etc., Damaging or destructing the transmission or transportation lines, etc.---Bail, grant of---Further inquiry---Accused nominated through supplementary statement---Accused was implicated on suspicion---Involvement in other criminal case without conviction---Effect---Co-accused already enlarged on bail---Rule of consistency---Applicability---Recovery, absence of---Accused persons were alleged to have committed theft of fuel from high pressure fuel pipe-line through clump---Held, accused were not nominated in FIR for committing theft of fuel, and their names had been introduced through supplementary statement---No plausible source of information had been given in supplementary statement for implicating accused---No identification parade had been held for identification of accused---Mere suspicion, howsoever grave, could not take place of evidence connecting accused regarding their guilt---Accused were previously not known to complainant--Supplementary statement made by complainant did not disclose as to how he had come to know accused---Accused, in given circumstances, could not be believed to have committed alleged offences, which fell within prohibitory clause of S. 497(2), Cr.P.C.---Nothing could be recovered from accused during their physical remand---Accused had been involved in the present case on basis of suspicion and hearsay evidence---Accused though were involved in another case, but they had not been previously convicted---Involvement in other case, therefore, did not dis-entitle accused to concession of bail---Co-accused had already been enlarged on bail by Trial Court---Case of accused being at par with that of co-accused, they were entitled to same relief on basis of rule of consistency---Accused had made out case for grant of post-arrest bail under S. 497(2), Cr.P.C.---Accused were admitted to bail. Jaffar and others v. The State 1980 SCMR 784 and Naeem Akhtar v. The State 1996 SCMR 511 rel. (b) Criminal trial--- ----Suspicion---Mere suspicion, however grave, cannot take place of evidence…

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