Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 506,186,109,34

Law: Prevention of Corruption Act, 1947

Section: 497

(a) Criminal Procedure Code (V of 1898)--- ---.497---Penal Code (XLV of 1860), Ss.506, 186, 109 34---Prevention of Corruption Act (II of 1947), S.5---Criminal intimidation, obstructing public servant in discharge of public functions, abetment, common intention, criminal breach of trust by public servant---Bail, refusal of---Third bail petition had been filed on the ground that the complainant had made a statement before FIA authorities that he was not present at the spot at the time of occurrence---Record showed that no application for grant of post-arrest bail on the said fresh ground had been moved by the petitioner before the court of first instance after dismissal of his second post arrest bail petition by that Court---Even otherwise there were also other prosecution witnesses apart from the complainant, therefore, mere obliging statement of one prosecution witness was of no avail to the petitioner---Even otherwise petitioner had not placed on the record any statement of the complainant wherein he stated that he was not present at the spot at the time of occurrence---Allegation against the petitioner was that he along with his co-accused was caught red handed while committing theft of electricity for the cotton factory---Although the offences mentioned in the FIR did not fall within the ambit of prohibitory clause of S.497, Cr.P.C., but accused could not claim bail as a matter of right if his case did not fall within the ambit of prohibitory clause of S.497, Cr.P.C---In the present case, petitioner and co-accused committed theft of electricity and as such he and co-accused caused colossal loss to the Govt. Exchequer---Complainant also alleged that when he along with the other staff of Electric Supply Company tried to remove the electricity meter, the petitioner and co-accused started quarrelling with them and also gave them abuses as well as threats---Case of petitioner, therefore, fell under exceptional circumstances---Petition for bail was dismissed in limine. Muhammad Siddique v. Imtiaz Begum and 2 others 2002 SCMR 442 and Haji Muhammad Nazir and others v. The State 2008 SCMR 807 rel. (b) Criminal Procedure Code (V of 1898)--- ---.497---Bail, refusal…

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