Case Law (Siphoning natural gas in a residential premises to unauthorizedly generate electricity being distributed to a large number of consumers in the neighborhood)

 PLJ 2020 SC (Cr.C.) 82

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Pakistan Penal Code, (XLV of 1860), S. 462-C--Bail dismissal of--Siphoning natural gas in a residential premises to unauthorizedly generate electricity being distributed to a large number of consumers in the neighborhood--Position taken by the counsel for the petitioner requires an in-depth analysis, essentially on the basis of evidence, yet to be recorded and thus falls far outside the barriers of tentative assessment--Section 497 of the Code of Criminal Procedure, 1898 to prima facie frame the petitioner with the charge that attracts the bar contained therein as Section 462-C of the Pakistan Penal Code, 1860 carries a punishment that may extend to ten years rigorous imprisonment--Petition dismissed.                                       [Pp. 82 & 83] A, B & C

Mr. Salahuddin Malik, ASC and Mr. M.A. Sheikh, AOR for Petitioner.

Mr. Zahid Yousaf Qureshi, Additional A.G., KPK for State.

Date of hearing: 31.7.2019.

PLJ 2020 SC (Cr.C.) 82

[Appellate Jurisdiction]
Present: Sh. Azmat Saeed, ACJ; Ijaz-ul-Ahsan and Qazi Muhammad Amin Ahmed, JJ.
ALAMGIR KHAN--Petitioner
Versus
STATE and another--Respondents
Crl. P. No. 533 of 2019, decided on 31.7.2019.
(Against the judgment dated 22.4.2019 passed by the Peshawar
High Court, Bannu Bench in Criminal Miscellaneous
B.A. No. 123-B of 2019)

Order

Qazi Muhammad Amin Ahmed, J.--Alamgir Khan, petitioner herein, declined downstairs throughout, seeks admission to bail; he was surprised by a raiding party, within the precincts of Police Station Lakki Marwat, surreptitiously siphoning natural gas in a residential premises to unauthorizedly generate electricity being distributed to a large number of consumers in the neighborhood; he is also accused of criminally intimidating the contingent, brandishing a pistol on them, however took to the heels on arrival of police. Appliances being used, comprising electric generators, stabilizers with

electric panels as well as other paraphernalia to power the system were secured vide inventory.

2. Position taken by the learned counsel for the petitioner requires an in-depth analysis, essentially on the basis of evidence, yet to be recorded and thus falls far outside the barriers of tentative assessment. Statements of the witnesses, functionaries of the State with no animus or malice, duly corroborated by apparatus secured from the spot, constitute ‘reasonable grounds’, within the contemplation of Section 497 of the Code of Criminal Procedure, 1898 to prima facie frame the petitioner with the charge that attracts the bar contained therein as Section 462-C of the Pakistan Penal Code, 1860 carries a punishment that may extend to ten years rigorous imprisonment. View taken by the Courts below being well within the remit of law is not open to any exception. Petition fails. Dismissed.

(K.Q.B.)          Bail dismissed