2026 PLP 1141 (YLR)

Sardar Akbar Ali, J.

The petitioner through the instant petition seeks post arrest bail in case FIR No. 9736, dated 28.8.2025, registered at Police Station Kahna, District Lahore in respect of an offence under Section 462-C, P.P.C.

2. Arguments heard. Record perused.

3. As per brief allegations levelled in the FIR is that on 23.8.2025, during inspection by the sui gas official, the petitioner was found committing theft of sui gas by making fake service.

4. First of all, in order to better appreciate the accusation as levelled against the petitioner, Section 462-C, P.P.C is hereby reproduced as under: 462-C. Tampering with auxiliary or distribution pipelines of petroleum. (1) Any person who willfully does tampering or attempts to do tampering or abets in tampering with any auxiliary or distribution pipeline of petroleum not being main transmission and transportation pipeline but includes a distribution system, distribution pipeline or any other related system and equipment as the case may be, of petroleum is said to commit tampering with auxiliary or distribution pipelines of petroleum. (2). Any person who commits or abets in tampering with auxiliary or distribution pipeline of petroleum for the purpose of: (a). Theft of petroleum; or (b). Disrupting supply of petroleum, Shall be punished with rigorous imprisonment which may extend to ten years but shall not be less than five years and with fine which may extend to three million rupees. Bare reading of the aforesaid section 462-C, P.P.C clearly reflects that the petitioner had not committed any such offence. The checking team of Sui Gas Department disconnected the fake service at the spot. No meter was installed at the petitioner s house. Furthermore, the allegation qua installation of plastic service would be better determined by the trial Court after recording of evidence. At present, prima-facie essential ingredients of section 462-C, P.P.C against the petitioner as missing. No proper report qua damage caused by the petitioner to the Government Exchequer has been assessed by the Department. As regards conclusion of the investigation suffice it to say that ipse dixit of police is not binding upon the Court. The FIR was lodged with an inordinate delay of 5 days for which the complainant did not utter a single word. In such circumstances, the grant of bail in such cases is a rule while rejection is the exception; besides, no exceptional ground is available that may justify withholding concession of bail to the applicants, in terms of the decision of the Supreme Court in the case of Shahzad v. The State (2023 SCMR 679).

5. Furthermore, the investigation is complete. The person of the petitioner is no more required by the police for further investigation. He is behind the bars since his arrest without any progress in the trial. Fair and speedy trial is one of the fundamental rights of petitioner. The case emanating from FIR is proceeding in the trial court, hence, there shall be no useful purpose achieved or attained to hold him behind bars. It has been held by the Hon ble Supreme Court of Pakistan that liberty of a person is precious right which cannot be taken away unless there are exceptional grounds to do so. Reliance in this respect is placed on case reported as Muhammad Nawaz alias Karo v. The State (2023 SCMR 734). By now it is also well settled that it is better to err in granting bail than to err in refusal because ultimate conviction and sentence can repair the wrong resulted by a mistaken relief of bail. Guidance may be sought from the case titled Ahmad Nawaz and another v. The State and another (2024 SCMR 1525).

6. For the foregoing reasons, this petition is allowed and petitioner is admitted to post arrest bail on furnishing bail bond in the sum of Rs. 2,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court. It is, however, clarified that the observations made hereinabove are tentative in nature, and strictly confined to the disposal of this bail petition. JK/M-198/L Petition allowed.