2021 S C M R 552

[Supreme Court of Pakistan]

Present: Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel and Syed Mansoor Ali Shah, JJ

MUHAMMAD EJAZ---Petitioner

Versus

ABID HUSSAIN and another---Respondents

Criminal Petition No. 1400 of 2020, decided on 7th January, 2021.

(Against the order dated 22.10.2020 passed by the Lahore High Court, Multan Bench, Multan in Criminal Miscellaneous No. 6182-B of 2020)

Criminal Procedure Code (V of 1898)---

----S. 497(5)---Penal Code (XLV of 1860), S. 462-B---Theft of oil by tampering with main petroleum pipeline---Pre-arrest bail, recalling of---Allegation against the accused was that of theft of huge quantity of diesel oil by tampering with the main petroleum pipeline of an oil refinery---Punishment of the offence alleged against the accused may extend to fourteen years---During the course of investigation, the accused was found fully involved---Accused was not able to point out any mala fide for his false implication in the case---In the circumstances, the accused was not entitled to the extraordinary concession of pre-arrest bail---Petition for leave to appeal was converted into an appeal and allowed and pre-arrest bail granted to the accused was recalled.

Hasnat Ahmed Khan, Advocate Supreme Court for Petitioner along with Petitioner in person.

Respondent No. 1 in person.

Mirza Abid Majeed, DPG along with Farooq, DSP and Muhammad Ozair, SHO for the State.

Date of hearing: 7th January, 2021.

ORDER

MANZOOR AHMAD MALIK, J.---Crl. M. A. No.2062 of 2020: For the reasons mentioned in the misc. application, the same is allowed and delay in filing the criminal petition is condoned.

2. Impugned herein is the order dated 22.10.2020 whereby pre-arrest bail was allowed to respondent No.1 by the learned Lahore High Court, Multan Bench, Multan in case FIR No.148 dated 11.08.2019, offence under section 462-B, P.P.C., registered at Police Station Rangpur, District Muzaffargarh.

3. After hearing the learned counsel for the petitioner, respondent No.1 present in person and learned Deputy Prosecutor General at length and perusal of available record, it has been observed by us that the allegation against respondent No.1 is that of theft of huge quantity of diesel oil by tampering with the main Petroleum Pipe Line of PARCO. The punishment of the offence alleged against the respondent may extend to fourteen years. It has been confirmed by the learned Deputy Prosecutor General under instructions of the Police Officers present with record that during the course of investigation, the respondent was found fully involved. Respondent No.1 present in person was not able to point out any mala fide for his false implication in this case. In the circumstances, the respondent. No.1 Abid Hussain was not entitled to the extraordinary concession of pre-arrest bail.

4. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. The impugned order of the learned High Court is set aside. The pre-arrest bail allowed to respondent No.1 Abid Hussain is hereby recalled. He is present in Court and shall be taken into custody.

MWA/M-11/SC Bail recalled.