Law: Criminal Procedure Code (V of 1898)

Section: 497

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

Section: 15,17,34

Criminal Procedure Code (V of 1898)--- ----S. 497---Gas Theft Control and Recovery Act (XI of 2016), Ss.15, 17 & 34---Theft of sui gas---Bail, refusal of---Accused was found stealing sui gas by using rubber pipeline through service/auxiliary line---Fact of theft went unshaken--- Two stoves of 24 nozzles, one 3-KVA Generator, 10 feet rubber pipe had been recovered from the hotel of accused---All said facts led to the conclusion that theft was being done at venue of occurrence---Accused, was rightly booked in the present case---No mala fide or enmity was shown against the complainant or Investigating Officer of the case---Bail, could not be allowed to accused, in circumstances. THIS ORDER PASSED BY: AFTAB AHMED GORAR, JUSTICE:---.--- Applicant Muhammad Abdullah son of Muhammad Shahid Khan, sought for post arrest bail in crime No. 28 of 2017, Police Station SSGC Karachi, registered under sections 15-34 Pakistan Penal Code/Gas Theft Control and Recovery Act, 2016. Earier the bail plea of the applicant was declined by the learned Sessions Judge, Karachi (West), vide order dated 23-06-2017. 2. Facts stated in the First Information Report are that on the eventful day applicant was found committing theft of SSGC by using Service/Auxiliary Line through plastic pipeline for his hotel running under the name and style of "Piyala Hotel and Delhi Pakwan Centre" by installation of 3 KVA Generator and machines were running over there; same was disconnected and taken into possession viz. two stoves of 24 Nozzles, one 3-KVA Generator, 10 feet rubber pipe however 11 stoves of 32 Nozzles and preparation of Nimko through machine, whereby applicant put in loss to the Sui Southern Gas Company. 3. Mrs. Azra Hammad, advocate, representing the applicant contended that applicant is quite innocent and has been implicated with mala fide intention and ulterior motives; per learned counsel applicant is owner of said Pakwan House and the Nimko Centre but neither there is gas meter installed nor any meter is registered in the name of applicant; per learned counsel nothing incriminating articles have been recovered from the possession of applicant; per learned counsel the offence does not…

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