Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 186

Law: Electricity Act, 1910

Section: 39-A

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S.186---Electricity Act (IX of 1910), S.39-A---Pre-arrest bail, grant of---Offence under S.186, P.P.C. was punishable with imprisonment of three months, whereas offence under S.39-A of Electricity Act, 1910 was punishable with imprisonment of three years---Punishment under offences allegedly committed by accused not exceeding three years, same could safely be held to be bailable---Ad interim pre-arrest bail granted to accused, was confirmed in circumstances. THIS ORDER PASSED BY: MUHAMMAD AKHTAR SHABBIR, JUSTICE:---.--- The petitioner seeks pre-arrest bail in case F.I.R. No. 42, dated 30-1-2006 registered under section 39-A, Electricity Act, 1910, sections 186 and 337-H(2), P.P.C. with Police Station, Batapur Lahore. 2. The pre-arrest bail of the petitioner had been declined by the learned Additional Sessions Judge, Lahore vide order dated 2-3-2006. 3. I have heard the learned counsel for the parties and perused the record. 4. The learned State counsel as well as S.-I., present in Court submitted that offence under section 337-H(2), P.P.C. has been deleted and at present offences under section 186, P.P.C. and 39-A of Electricity Act remain in field. Section 186, P.P.C. is punishable with imprisonment of either description for a term, which may extend to three months or with fine which may extend to (one thousand five hundred rupees), or with both and is bailable while offence under section 39-A of Electricity Act is punishable with imprisonment of either description which may extend to three years or with fine or with both. 5. Schedule-II of the Cr.P.C, has provided tabular statement of offences, which has provided punishments against other laws than the P.P.C. and it would be appropriate to refer to Schedule-II of Cr.P.C. at the fag end containing the tabular statement of offences under the captioned offence against other laws. About an offence punishable with imprisonment for three years, and upwards but not exceeding seven years…

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