2014 PLP 2734 (YLR)
MUHAMMAD AZHAR IQBAL — Petitioner Versus The STATE and another — Respondents
| Citation | 2014 PLP 2734 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Shahid Hameed Dar, J |
| Parties | MUHAMMAD AZHAR IQBAL — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2014 PLP 2734 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2014 PLP 2734 (YLR)?
The case was heard and decided by the Lahore bench comprising: Shahid Hameed Dar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2014 PLP 2734 (YLR) (MUHAMMAD AZHAR IQBAL — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Imran Butt for Petitioner.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), S.379
Pre-arrest bail, confirmation/grant of
Complainant did not produce any documentary evidence or account-books during investigation to show storage or drainage of fuel on relevant day by accused to support prosecution story
Extra-judicial confession was weaker of the weakest of all types of evidence
Malice and ulterior motives of complainant could not be ruled out
Ad interim pre-arrest bail granted to accused was confirmed. Rana Tassawar Ali Khan, Deputy Prosecutor General Punjab for the State. Mian Muhammad Ahmad for the Complainant. Muhammad Ashraf S.I. with record.
Judgment & Decree
SHAHID HAMEED DAR, J.
The allegation against the petitioner, Muhammad Azhar Iqbal is that he was a filler at Sunny Filling Station (Total), owned by Nadeem Haider (complainant); the petitioner joined by five fillers and manager of the said Filling Station committed theft of 20,000 liters of fuel, valuing at Rs.22,60,000 within the view of Muhammad Hussain and Abid Shakoor on 4-3-2014; the accused/petitioner and his co-accused jointly admitted their guilt qua theft of 20,000 liters of oil when they were interrogated by the complainant.
2. After hearing learned counsel for the parties and perusing the record, it is observed that allegation against the petitioner is somewhat hazy and ambiguous. Learned Deputy Prosecutor General Punjab submits that a filler, at any filling-station, only works at the dispensing-unit where fuel is supplied to the commuters and he has nothing to do with the storage and drainage thereof from the main tank, which is the exclusive job of the manager and the other staff, working there for the said purpose. The statements of the witnesses Muhammad Hussain and Abid Shakoor add to obfuscation of allegation against the petitioner, rather than making it vivid. Unlike the story of F.I.R., an impression arises from the statements of the witnesses under section 161, Cr.P.C., that the accused sold the said quantity of fuel to an oil-tanker-rider in the presence of the complainant which rendered the matter, as regards involvement of the petitioner in this case, still hazier. The complainant did not produce any documentary evidence or account-books during the course of investigation as to storage and drainage of the fuel on the said day, before the investigating officer, which he could have easily done to support the story alleged. The evidence of extra judicial confession of all the accused, being joint in nature, would be considered weaker of the weakest type, as acknowledged by the law. The argument of the learned counsel that the petitioner has been falsely involved in this case due to malice or ulterior motives of the complainant may not be without substance, as record available also hints at it. Therefore, this application is accepted and ad-interim pre-arrest bail granted to the petitioner vide order dated 26-5-2014 is confirmed subject to furnishing fresh bail bonds in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of the learned trial Court. ARK/M-273/L Bail granted.