| Citation(s) |
|---|
| SLG 1899 (2019) 122 SLD 1899 (2019) 123 SCMR 1457 |
Supreme Court of Pakistan
Criminal Petition No. 533 of 2019, decision & hearing Dated: 31-07-2019. (Against the judgment Dated 22.4.2019 passed by the Peshawar High Court, Bannu Bench in Criminal Miscellaneous B.A. No. 123-B of 2019)
SH. AZMAT SAEED, ACJ IJAZ UL AHSAN, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Salahuddin Malik, Advocate Supreme Court and M.A. Sheikh, Advocate-on-Record
Respondent(s) by: Zahid Yousaf Qureshi, Additional A.G., Khyber Pakhtunkhwa and
Criminal Petition No. 533 of 2019, decision & hearing Dated: 31-07-2019. (Against the judgment Dated 22.4.2019 passed by the Peshawar High Court, Bannu Bench in Criminal Miscellaneous B.A. No. 123-B of 2019)
SH. AZMAT SAEED, ACJ IJAZ UL AHSAN, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Salahuddin Malik, Advocate Supreme Court and M.A. Sheikh, Advocate-on-Record
Respondent(s) by: Zahid Yousaf Qureshi, Additional A.G., Khyber Pakhtunkhwa and
ALAMGIR KHAN
VS
THE STATE AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Pakistan Penal Code, 1860
Section: 462C
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 462-C---Theft of natural gas---Bail, refusal of---Accused was allegedly siphoning natural gas to unauthorizedly generate electricity, which was distributed to a large number of consumers in the neighbourhood---Appliances being used by the accused, comprising of electric generators, stabilizers with electric panels as well as other paraphernalia to power the system were secured by the police vide an inventory---Statements of the witnesses (functionaries of the State) with no animus or malice against the accused, were duly corroborated by apparatus secured from the spot, which constituted 'reasonable grounds', within the contemplation of S. 497, Cr.P.C. to prima facie frame the accused with the charge that attracted the bar contained therein as S. 462-C, P.P.C. carried a punishment that may extend to ten years' rigorous imprisonment---Bail was refused accordingly. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Alamgir Khan, petitioner herein, declined downstairs throughout, seeks admission to bail; he was surprised by a raiding party, within the precincts of Police Station Lakki Marwat, surreptitiously siphoning natural gas in a residential premises to unauthorizedly generate electricity being distributed to a large number of consumers in the neighborhood; he is also accused of…
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