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Petitioner: MUHAMMAD IQBAL VS Respondent: THE STATEHonorable Justice Ijaz Ahmad ChaudharyZafar Iqbal Chauhan,Tariq Mahmood Chaudhry
2004 M L D 646
2004 M L D 646
[Lahore]
OWN Before Ijaz Ahmad Chaudhary, J
MUHAMMAD IQBAL---Petitioner
versus
THE STATE---Respondent
Criminal Miscellaneous No.2750-B of 2002, decided on 7th May, 2002.
Criminal Procedure Code (V of 1898)---
----S.497---Penal Code (XLV of 1860), Ss.380/411 /457---Prevention of Anti-National Activities Act (VII of 1974), S.13---Bail, grant of-- Allegation against accused was that he alongwith co-accused was involved in theft of Diesel oil---Accused was behind the bars for the last more than 4 months--- Recovery had already been effected from accused of two Cans of Diesel valuing about Rs.1000 and nothing else had been recovered from him---Accused was not apprehended at the spot-- Accused who was not involved previously in any criminal case, could not be kept behind the bars for a long period without trial which was not likely to be completed within a short period---Accused was admitted to bail.
Zafar Iqbal Chauhan for Petitioner.
Tariq Mahmood Chaudhry for the State.
Date of hearing: 7th May, 2002.
ORDER
Through this application under section 497, Cr.P.C., the petitioner seeks bail after arrest in case F.I.R. No.10 of 2002, dated 16-1-2002 under sections 457/380/411, P.P.C. and section 13 of the Anti National Activity Act, 1974.
2. Brief facts of the case are that the complainant is Administration Officer in PARCO Faisalabad which is owned by PAK ARAB Refinery and Abu-Dhabi which prepares Petroleum products and supplies it from Karachi to Machike District, Sheikhpura through Mehmod Kot at Adda Soling Hassu Balil in the night between 14/15 January, 2002 at 1.00 p.m. Chowkidar Muhammad Hanif on telephone informed the complainant that Nadeem and Zafar Chowkidar are involved in stealing the diesel on Pick-up which came there and loaded the same. The diesel was being stolen by a Pipe-line and in connivance with the petitioner and other co-accused.
3. The learned counsel for petitioner contends that the offence under section 13 of the Prevention of Anti-National Activities Act, 1974 is not applicable as the petitioner is not involved in such-like activities. It is further contended that section 457, P.P.C. is also not applicable as the theft has not been committed from the house and at the most the case falls under sections 380 and 411, P.P.C, which are punishable with seven years' R.I. each. The grant of bail in such-like cases is a rule and refusal is an exception. It is further contended that the recovery has not been effected from the petitioner, and he is behind the bars for the last four months. The challan has not yet been submitted and the remaining of petitioner in jail will serve no purpose for the prosecution.
4. Learned State counsel has opposed the grant of bail on the ground that the petitioner who is involved in heinous offence of stealing the Diesel through the pipe-line is not entitled to any relief arid as two cases of Diesel were recovered from the accused hence there is sufficient evidence on record to connect the petitioner with the commission of the crime.
5. I have heard the learned counsel for the parties and also perused the record carefully. The allegation against the petitioner is that he alongwith co-accused is involved in a theft of Diesel amounting Rs.15,000. The petitioner is behind the bars for the last more than 4 months. The recovery has already been effected from the accused of two cases of Diesel valuing Rs.1,000 at the most. Nothing else has been recovered from the petitioner. The petitioner was not apprehended at the spot. In such circumstances, the petitioner who is, not involved previously in any criminal case cannot be kept behind the bars for a long period without trial which is not likely to be completed within shortest possible time. He is admitted to bail in the sum of Rs.1,00,000 (one lac) with two sureties in the like amount to the satisfaction of Judicial Magistrate, Shorkot.
H.B.T./M-2426/L Bail granted.