Law: Criminal Procedure Code (V of 1898)

Section: 497

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 462-B, 462-F, 379 427---Tampering with petroleum pipelines, damaging or destructing the transmission or transportation lines, theft, mischief causing damage to the amount of fifty rupees---Bail, grant of---First Information Report based on hearsay evidence---Un-natural conduct---Further inquiry--- Scope--- Allegation against accused persons was that their property was being used for stealing the complainant’s diesel---Nothing was recovered from the accused persons---Merely alleging that the subject land was being looked after by accused and the Hotel belonged to co-accused was not sufficient to keep the accused persons being behind bar as the same required further inquiry---Complainant was not the eye-witness of alleged incident and the entire story, narrated by him in FIR, was on hearsay basis---Raiding party of complainant company had followed the alleged pipes and immediately reached at the place of alleged incident, where accused persons were present, yet neither oil was recovered nor the raiding party tried to even catch at least one of the accused persons at the spot---One of the accused persons was a patient of old CVA (Cerebrovascular accident), hence keeping him behind the bars could be dangerous for his life---Bail applications were allowed, in circumstances. Criminal Petitions Nos.189-K, 188-K of 2019 and Criminal Bail Applications Nos.S-160 and 162 of 2020 ref. 2016 SCMR 748 and Criminal Petition No. 611-L of 2019 distinguished. Himesh Khan v. The National Accountability Bureau (NAB) Lahore and others 2015 SCMR 1092 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Precedent---Scope---Precedents in bail matters are of no help to a party, as it varies from case to case depending upon the facts of each case---Court has to examine as to whether accused has made out a case for further inquiry or not. Muhammad Faiz alias Bhoora v. The State and another 2015 SCMR 655 ref. ORDER: ABDUL MAALIK GADDI, JUSTICE:---.--- By this common order I intend to decide the fate of both captioned bail applications, as they arise out of same crime and incident. 2.…

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