Case Details

Citation(s)
2026 SLG 1629 2026 SLD 1629 = 2026 PLJ 54
Lahore High Court
Crl. Misc. No. 56619-B of 2025, decided on 30.10.2025.
Presented By: Sardar Akbar Ali, J.
Mr. Fawad Akram Sufi, Advocate for Petitioner. Ms. Samra Irshad, ADPP for State. Mr. Nadeem Butt, Advocate for Complainant. Date of hearing: 30.10.2025.

MUHAMMAD HANIF--Petitioner

VERSUS

STATE and another--Respondents

Law: Pakistan Penal Code, 1860

Section: 462-C

Law: Criminal Procedure Code, 1898

Section: 497

PLJ 2026 Cr.C. (Note) 54 [Lahore High Court, Lahore]   Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 462-C--Tempering with auxiliary or distribution pipelines of petroleum--The petitioner had not committed any such offence--Checking team of Sui Gas Department disconnected fake service at spot--No meter was installed at petitioner’s house--Furthermore, allegation qua installation of plastic service would be better determined by trial Court after recording of evidence--At present, prima-facie essential ingredients of Section 462-C, PPC against petitioner are missing--No proper report qua damage caused by petitioner to Government Exchequer has been assessed by Department--As regards conclusion of investigation suffice it to say that ipsi dixit of police is not binding upon Court--FIR was lodged with an inordinate delay of 5 days for which complainant did not utter a single word--In such circumstances, grant of bail in such cases is a rule while rejection is exception; besides, no exceptional ground is available that may justify withholding concession of bail to applicants, in terms of he decision of Supreme Court.                                                                                        [Para 4] A 2023 SCMR 679. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860 (XLV of 1860), S. 462-C--Bail after arrest, grant of--Allegation of--Committed theft of sui gas--The investigation is complete--Petitioner is no more required by police for further investigation--He is behind bars since his arrest without any progress in trial--Fair and speedy trial is one of fundamental rights of petitioner--The case emanating from FIR is proceeding in trial Court, hence, there shall be no useful…
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