| Citation(s) |
|---|
| 2018 SLG 195 2018 SLD 195 2018 MLD 169 |
Sindh High Court
Crl. Bail Appln. No. 1562 of 2016, decision & hearing Date : 10-05-2017
AFTAB AHMED GORAR, JUSTICE
Syed Farooq Ahmed Shah for Applicant. Malik Sadaqat Hussain, Special Prosecutor SSGC for the Complainant.
Crl. Bail Appln. No. 1562 of 2016, decision & hearing Date : 10-05-2017
AFTAB AHMED GORAR, JUSTICE
Syed Farooq Ahmed Shah for Applicant. Malik Sadaqat Hussain, Special Prosecutor SSGC for the Complainant.
MUHAMMAD DILDAR
VS
THE STATE
Law: Criminal Procedure Code (V of 1898)
Section: 498
Law: Gas (Theft Control and Recovery) Act, (XI of 2016)
Section: 15
Criminal Procedure Code (V of 1898)--- ----S. 498---Gas Theft Control and Recovery Act (XI of 2016), S. 15---Tampering with auxiliary or distribution pipeline of gas connection---Bail, refusal of---Accused had installed rubber pipe to get gas illegally---Accused had failed to produce any document for installation of valid and legal gas connection---Accused had put the Gas Supply Company on heavy losses---Act so committed by accused did not warrant any leniency for confirmation of bail---Photographs with regard to the illegal consumption of gas had proved the act of accused---Accused, after grant of interim pre-arrest bail appeared before the Investigating Officer and recorded the statement under S. 161, Cr.P.C. wherein accused admitted that he had committed the theft---Such aspect of the case led to conclusion that accused was bound under the law to pay the lawful charges with regard to consumption of gas---Ad interim pre-arrest bail earlier granted to accused was recalled in circumstances. THIS ORDER PASSED BY: AFTAB AHMED GORAR, JUSTICE:---.--- Through this criminal bail application applicant/accused Muhammad Dildasr son of Muhammad Jahangir Khan seeks confirmation of ad interim pre arrest bail granted to the applicant/accused vide order dated 28/10/2016, hence same ripe up for confirmation or otherwise. The applicant/accused has been booked in FIR bearing crime No. 104 of 2016. Police Station SSGC, Karachi, under section 15 of Gas Theft Control and Recovery Act, 2016. 2. Precisely the facts leading to the prosecution story as is envisaged in the FIR are that on the eventful day complainant who was posted as Assistant Engineer SSGC Karachi along with operational incharge and other staff as well as police party reached at Plot No. LSD-4/9 Zaffar Town Landhi Karachi where Hotel Mashallah Frontier Hazara Hotel was running and theft of Gas was being committed through rubber pipe from service line directly and one Oven, 12 burners and 7.5 K.V Generator were on, which were disconnected through technical staff and one 14/15 feet long rubber pipe was seized, whereas the Generator and burners were fixed in the wall and could not be seized. One person namely Muhammad…
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