PLJ 2024 Cr.C. (Note) 87
[Lahore High Court, Lahore]
Present: Malik Shahzad Ahmad Khan, J.
MUHAMMAD IMRAN--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 71708-B of 2023, decided on 11.12.2023.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 109, 411, 420 & 409--Prevention of Corruption Act, (II of 1947), S. 5(2)47--Post-arrest bail, grant of--Allegation of--Recovery of transformers from house-- The present before Court has conceded that no evidence has been brought to his knowledge regarding sale or purchase of transformers recovered from workshop and house of petitioner by petitioner, however, he has found petitioner guilty for illegally keeping transformers at his house and workshop for repair work--Under circumstances, case of prosecution against petitioner is one of further inquiry because it was so mentioned in FIR that petitioner was owner of Al-Madina Electrical/Workshop wherefrom most of transformers were recovered--Moreover, there is no evidence available on record till today against petitioner that he was involved in sale or purchase of abovementioned transformers--Under circumstances, it will be determined by trial Court after recording of evidence that as to whether transformers in question were lying on workshop and house of petitioner for some illegal purpose or same were lying there only for purpose of repair--The petitioner is admittedly not hyan employee of Lesco Department and he has not played any role in alleged illegal release of transformers from Lesco Department--Prosecution case against petitioner is one of further inquiry--Bail granted. [Para 3] A & B
M/s. Pir Muhammad Masood Chishti and M. Barjees Iftikhar Bhatti, Advocates for Petitioner.
Malik Faiz Rasool Rajwana, Deputy Attorney-General and Rafaqat Ali Dogar, Deputy Attorney-General with Noman Inspector (FIA) for State.
Date of hearing: 11.12.2023.
Order
The petitioner, namely Muhammad Imran, through the instant petition seeks post arrest bail in case FIR No. 60, dated 28.09.2023, registered at Police Station FIA (ACC), Lahore offences under Sections 109, 411, 420, 409, PPC read with Sections 5(2)47 of PCA.
2. As per brief allegations leveled in the FIR the officers of LESCO Department (complainant party) upon receipt of a secret information conducted a raid on the house of Muhammad Imran, petitioner on 28.09.2023 and recovered three transformers from his house. The petitioner disclosed before the complainant party that he was owner of Al-Madina Electrical Workshop, Shadman Colony, Pattoki Kasur and fifteen other transformers were lying in his workshop whereupon a raid was also conducted at the workshop of the petitioner and fifteen transformers were recovered from the said workshop. He further disclosed before the raiding team that the transformers recovered from his house and workshop belonged to Humayoun Asghar, L/S Pattoki City Sub Division, Hakeem Sajjad, L/S Pattoki Rural Sub Division and Ashraf L/S Pattoki Rural LESCO Sub Division Pattoki Kasur, hence the abovementioned FIR
3. It is claim of learned counsel for the petitioner that Muhammad Imran, petitioner is a poor mechanic and he was running a workshop for the repair of transformers. He adds that the petitioner had no knowledge regarding any illegality committed by abovementioned co-accused of LESCO Department. I have noted that in the interim challan the Investigating Officer has mentioned that the petitioner was found guilty for illegally keeping the transformers at his The I.O. workshop and for repair of the said transformers. The I.O. present before the Court has conceded that no evidence has been brought to his knowledge regarding sale or purchase of the transformers recovered from the workshop and house of the petitioner by the petitioner, however, he has found the petitioner guilty for illegally keeping the transformers at his house and workshop for the repair work. Under the circumstances, case of the prosecution against the petitioner is one of further inquiry because it was so mentioned in the FIR that the petitioner was owner of Al-Madina Electrical Workshop wherefrom most of the transformers were recovered. Moreover, there is no evidence available on the record till today against the petitioner that he was involved in the sale or purchase of the abovementioned transformers. Under the circumstances, it will be determined by the learned trial Court after recording of evidence that as to whether the transformers in question were lying on the workshop and house of the petitioner for some illegal purpose or the same were lying there only for the purpose of repair. The petitioner is admittedly not an employee of the LESCO Department and he has not played any role in the alleged illegal release of transformers from LESCO Department. Keeping in view all the abovementioned facts the prosecution case against the petitioner is one of further inquiry. Resultantly, instant post arrest bail petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing the bail bonds in the sum of Rs. 200,000/- (Rupees two Hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
(A.A.K.) Bail granted
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