Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Gas (Theft Control and Recovery) Act, (XI of 2016)

Section: 6,15

Law: Pakistan Penal Code, 1860

Section: 34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 34---Gas (Theft Control and Recovery) Act (XI of 2016), Ss. 6 & 15---Providing gas from direct connection through rubber pipe, theft of gas---Bail, grant of---Further inquiry---Violation of prescribed procedure---Effect---Offence under S. 15 of the Gas (Theft Control and Recovery) Act, 2016 was non-cognizable and proper course for complainant was to file direct complaint---Lodging of FIR was violation of S. 6 of the said Act---Case did not fall under prohibitory clause of S. 497, Cr.P.C.---Case of accused required further inquiry---Accused was allowed bail in circumstances. 2005 PCr.LJ 89; PLD 2014 Lah. 567; 2012 PCr.LJ 858; 1994 PCr.LJ 740 and 2016 MLD 230 ref. THIS ORDER PASSED BY: MUHAMMAD SALEEM JESSAR, J.--- Through this application, applicant/accused Muhammad Arsalan Ahmed seeks his release on post arrest bail in Crime No.83/2016 registered with PS, SSGC, Karachi, for the offence punishable under Gas Theft (Control and Recovery) Act, 2016 (hereinafter referred to as "the Act") read with section 34, P.P.C. He has preferred such application before learned trial Court, but it was turned down vide Order dated 04.7.2016, resulting into instant application. It will be advantageous to mention the relevant facts leading to institution of instant FIR against the applicant: "I am deputy manager in SSGC Karachi, today on 15.6.2016, at 1200 noon along with Sui Gas team (S and M) Department Operation incharge Rahim Bukhsh Deputy Manager of SSGC Karachi, Deputy Manager SSGC Rasheed Klore and other technical staff of SSGC police party of PS SSGC, Karachi, reached at Plot No.9/84 Sector 5- D, Landhi No.6, Karachi, we saw that the Karkhana is working there and on its back 2 boilers and Generator 1.5 KV etc. fitted at Gas Service Line, disconnected with the aid staff and taken over an iron pipe I fit pipe I ft., length and 15 ft. long rubber pipe Boiler being fixed in the earth could not be taken into the possession. One person namely Kamran son of Muhammad Jameel informed that the work which is carried out in the upper storey of Karkhana belongs to Siraj and work being carried out in the…

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