| Citation(s) |
|---|
| 2021 SLG 2754 2021 SLD 2754 2021 MLD 1943 |
Sindh High Court
Criminal Bail Application No.S-148 of 2020, decided on 13th April, 2020, Date of hearing: 13th April, 2020.
AMJAD ALI SAHITO, JUSTICE
Qurban Ali Malano for Applicant. Muhammad Mehmood Sultan Khan Yousfi, DAG and Muneer Ahmed Maitlo, Deputy Manager/Prosecutor (SSGC) Company Limited Sukkur for the State.
Criminal Bail Application No.S-148 of 2020, decided on 13th April, 2020, Date of hearing: 13th April, 2020.
AMJAD ALI SAHITO, JUSTICE
Qurban Ali Malano for Applicant. Muhammad Mehmood Sultan Khan Yousfi, DAG and Muneer Ahmed Maitlo, Deputy Manager/Prosecutor (SSGC) Company Limited Sukkur for the State.
GUL BAHAR JATOI
VS
THE STATE
Law: Criminal Procedure Code (V of 1898)
Section: 498
Law: Gas (Theft Control and Recovery) Act, (XI of 2016)
Section: 15,17,24
Criminal Procedure Code (V of 1898)--- -----S.498---Gas (Theft Control and Recovery) Act (XI of 2016), Ss.15, 17 24---Bail, refusal of---Accused was found involved in gas theft---Prosecution witnesses had implicated the accused in the commission of offence while recording their statements under S.161, Cr.P.C.---Punishment provided for the offences under Ss.15, 17, 24 2(s) of Gas (Theft Control and Recovery) Act, 2016, was up to ten (10) years and not less than five (05) years and a fine of Rs.3 million---Nothing had been brought on record to show any ill-will or mala fide on the part of the complainant to falsely implicate the accused in the case---Accused had failed to make out a case for grant of bail---Application for grant of bail was dismissed, in circumstances. ORDER AMJAD ALI SAHITO, JUSTICE:---.--- Through the instant application, applicant/accused Gul Bahar Jatoi seeks post-arrest bail in Crime No.90/2019, offence under sections 15, 17, 24, 2(s) of Gas (Theft Control and Recovery) Act, 2016, registered at police Station Airport District Sukkur. Prior to this applicant/accused filed post arrest bail application before learned Sessions Judge Sukkur, but the same was dismissed vide order dated 11-03-2020, hence this bail application. 2. The brief facts of the prosecution case are that complainant Noor Hassan Domki Deputy Manager SSGC Regional Office Sukkur lodged the FIR on 01-10-2019 alleging therein that on 30-09-2019 he along with Manzoor Ahmed Shaikh Deputy Manager SSGC and Riaz Hussain Solangi Deputy Manager SSGC during checking/inspection of gas pipe lines of Bachal Shah Minai Sukkur found that the gas was being stolen by putting clip in 4 inches gas pipe line in the hotel. One generator, one gas kit, four pieces of pipes and gas rubber pipe were also secured from the hotel which was being run by the applicant. Ultimately complainant along with above said recovered property appeared at police station and lodged the FIR as stated above. 3. Learned counsel for the applicant/accused mainly contended that applicant/accused is innocent and has falsely been implicated in this case with mala fide intention and ulterior motive; that there is inordinate…
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