Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV of 1860), S. 462-C---Constitution of Pakistan, Art. 185(3)---Tampering with auxiliary or distribution pipelines of petroleum (gas)---Bail, grant of---Further inquiry---Absence of incriminating evidence---Offence not falling within prohibitory clause of S.497, Cr.P.C.---Allegation against the accused (petitioner) was that he disrupted the natural gas distribution pipeline and illegally supplied natural gas to 500 houses in the locality---Accused was granted bail by the Trial Court but same was cancelled/recalled by the High Court---Contentions of the accused were that there was no incriminating material available on the record against the accused which could justify cancellation of bail; that consumers of the gas who had been allegedly supplied gas by the accused had not stated before the police during the course of investigation that the accused was a distributor of supply of gas through illegal means, and that the High Court had cancelled the bail granted to the accused merely on the severeness of the allegation levelled against him---Validity---Prima facie, there was nothing on record to connect the accused with the alleged crime as no one entered appearance before the police to state that accused had been charging an amount for supply of gas---No natural gas connection was available in the house of the accused---Offence with which the accused was charged did not fall within the prohibitory clause of S.497, Cr.P.C.---Trial Court had rightly granted bail to the accused treating the case as one of further inquiry and the High Court had erred in law while cancelling the bail---Petition for leave to appeal was converted into appeal and allowed by setting aside the order passed by the High Court---Accused was admitted to bail accordingly. Rana Habib ur Rehman Khan, Advocate Supreme Court for Petitioners. Mazhar Sher Awan, Additional P.-G., Muhammad Javed, Executive Law Officer SNGPL, Asghar Ali, S.-I. and Muhammad Anwar, A.S.-I. for the State. Complainant (Respondent No.2) in person. Date of hearing: 19th July, 2012. ORDER IJAZ AHMED CHAUDHRY, J.---Through the instant petition Dr. Muhammad Riaz…

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