Law: Pakistan Penal Code, 1860

Section: 462-J

Law: Code of Criminal Procedure, 1898

Section: 497,161

Summary  The Supreme Court allowed the petitioner’s leave to appeal and granted pre-arrest bail in FIR No.1335/2025 (section 462-J PPC), setting bail at Rs.50,000 with a like surety. The Court found the offence falls within the non-prohibitory clause, emphasized that police opinions and section 161 statements are not conclusive at the bail stage, noted the modest alleged loss of Rs.28,930, and held that no extraordinary circumstances justified continued detention; findings are tentative and the trial court will decide the case on merits. Core points Petition against Lahore High Court order dismissing pre-arrest bail (Crl. Misc. No.541-B/2026) was converted into appeal and allowed. Allegation: petitioner connected a cable to main supply and abstracted electricity during an FESCO raid (FIR No.1335/2025). Offence under section 462-J PPC (theft of electric power). Section 462-J PPC falls within non-prohibitory clause of section 497 Cr.P.C.; punishment allows imprisonment, fine, or both. Bail generally favored for non-prohibitory offences; refusal requires extraordinary circumstances. Investigative statements under section 161 Cr.P.C. are not substantive evidence and police opinion is not binding at bail stage. Alleged financial loss: Rs.28,930 — considered modest relative to liberty interests. No exceptional circumstances shown (risk of absconding, tampering, or repetition) to justify denial of bail. Order: pre-arrest bail granted on furnishing bail bonds of Rs.50,000 with one surety of the same amount; trial court to proceed on merits; observations are tentative. Law and sections Section / Provision Source Short text Key points Section 462-J Pakistan Penal Code, 1860 Whoever, in order to commit theft of electric power, dishonestly abstracts, consumes, uses, distributes or supplies electric power without authorization shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one million rupees, or with both. Offence of electricity theft; maximum imprisonment 2 years; fine up to Rs.1,000,000; falls within non-prohibitory clause for bail purposes. Section 497 Code of Criminal Procedure, 1898…