Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 462-J

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S. 462-J---Theft of electricity---Ad interim pre-arrest bail, recalling of---Accused was nominated in the FIR with the specific allegation of committing theft of electricity by establishing a direct connection with the main line---Said allegation found support from the statements of Lineman and Assistant Lineman recorded under S. 161, Cr.P.C.---Accused had only paid a portion of the detection bill calculated by the electricity department, and a huge amount was still outstanding against him---Even if accused had deposited the whole detection bill, it still was not a valid ground to confirm his ad interim pre-arrest bail---Offence under S. 462-J, P.P.C. was non-bailable---Accused was unable to establish any mala fide or malice on part of the electricity department or the police for falsely implicating him in the present case---Ad interim pre-arrest bail granted to accused was recalled in circumstances. Sana Ullah v. State 2016 SCMR 1527 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S. 462-J---Theft of electricity---Ad interim pre-arrest bail--- Scope--- Detection bill, payment of---Effect---Mere deposit of even whole detection bill after registration of a criminal case against an accused for theft of national resource (like electricity) could not be considered a valid ground for confirmation of his pre-arrest bail. THIS ORDER PASSED BY: MUHAMMAD ANWAARUL HAQ, J.--- Petitioner Hakim Ali seeks pre-arrest bail in case FIR No.152 dated 13.05.2016 under section 462-J, P.P.C. registered at Police Station Ahmad Yar, Pakpattan. 2. Heard. Record perused. 3. Petitioner is nominated in the FIR with the specific allegation of committing theft of electricity by establishing a direct connection with the main L.T. line that finds support from the statements recorded under section 161, Cr.P.C. of witnesses Talib Hussain, Lineman-II and Ali Raza, Assistant Lineman. 4. Learned counsel for the petitioner has stressed a lot on the sole argument that the petitioner has already paid the whole…

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