Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 498---Gas (Theft Control and Recovery) Act (XI of 2016), Ss. 15, 17 & 24---Pre-arrest bail, confirmation of---Further inquiry---Raiding party upon checking found one bhatti which was running using the illegal direct connection through a steel pipe for melting plastic---Raw manufacturing material and finished or unfinished product was not recovered from the premises, which made the case of the accused of further inquiry---Pre-arrest bail already granted to accused was confirmed, in circumstances. THIS ORDER PASSED BY: ABDUL MOBEEN LAKHO, JUSTICE:---.---Being aggrieved and dissatisfied by the impugned order dated 23.12.2019 passed by the Sessions Judge Karachi-East in Criminal Bail Application No.4601/2019 whereby the pre-arrest bail of the present applicant was dismissed, the applicant/ accused has approached this Court seeking bail. 2. Briefly stated, the facts of the prosecution case as narrated in the FIR are that on 18.12.2019 at 1100 hours, Mehmood-ul-Haq Ghouri, Engineer of SSGC, Karachi he along with Sui Gas Team comprising of Muhammad Yousuf, the Supervisor Inspector SSGC, Technical Staff and police party of P.S SSGC, Karachi reached at Plot No.917, Shabana Town, Malir, Saudabad, Karachi, where a factory of plastic bit having water tanks was being run on sui gas while purloining gas directly through rubber pipe from Auxiliary line of sui gas. Such illegal connection was removed by the Sui Gas team. From the spot, an iron pipe of 6/16 feet, a rubber pipe of 30/40 feet, plastic pipe about 210 feet, PVC plastic pipe about 20 feet, another plastic pipe about 24 feet were taken into possession. On enquiry, complainant party came to know that owner of the plot and factory were Sohailuddin and Malak Asad. Hence, the FIR. 3. Mr. Amir Nawaz, Advocate, representing the applicant/accused contended that applicant/accused is innocent and has been involved by the SSGC officials with the collusion of police only to show their efficiency in the eyes of high-ups with mala fide intention; that the complainant foisted the recovery and implicated the innocent accused person, it is submitted that nothing has been recovered…

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