2017 PLP 79 (SCMR)
MUHAMMAD SHAFIQUE and another — Petitioners Versus The STATE and others — Respondents
| Citation | 2017 PLP 79 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Asif Saeed Khan Khosa and Manzoor Ahmad Malik, JJ |
| Parties | MUHAMMAD SHAFIQUE and another — Petitioners Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 79 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 79 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Asif Saeed Khan Khosa and Manzoor Ahmad Malik, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 79 (SCMR) (MUHAMMAD SHAFIQUE and another — Petitioners Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Ismat Ullah, Advocate Supreme Court for Petitioners (in Cr. P. 65-L of 2016).
- Nazir Ahmed Ghazi, Advocate Supreme Court for Petitioners (in Cr. P. 116-L of 2016).
Headnotes / Summary
(Against the orders dated 18.12.2015 and 21.12.2015 passed by the Lahore High Court, Lahore in Criminal Miscellaneous Nos.15784-B and 25688-B of 2015)
S. 497
Penal Code (XLV of 1860), Ss. 462-C & 109
Prevention of Corruption Act (II of 1947), S. 5(2)
Theft of gas, abetment, criminal misconduct
According to the prosecution itself both the accused and co-accused were not the main perpetrators of the alleged theft of gas and the only allegation levelled against them was in respect of being facilitators of the main perpetrator of the alleged offences
Owner of the premises in issue had already been admitted to post-arrest bail and even the tenant in possession of the relevant premises had been admitted to ad-interim pre-arrest bail and the matter of his confirmation of his ad interim pre- arrest bail was presently pending before the Trial Court
Investigation of the case qua the accused and co-accused had already been finalized and a challan had been submitted and, thus, their continued incarceration was not likely to serve any beneficial purpose
Case against the accused and co-accused called for further inquiry into their guilt
Accused and co-accused were admitted to post-arrest bail accordingly. Muhammad Zakria Sheikh, Deputy Attorney-General for Pakistan and Javed Iqbal, I.O. for the State (in both cases).
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.
Through these petitions Muhammad Shafique and Hassan Muavia petitioners have sought leave to appeal against the orders dated 18.12.2015 and 21.12.2015 passed by the Lahore High Court, Lahore in Criminal Miscellaneous Nos. 15784-B of 2015 and 25668-B of 2015 respectively whereby post-arrest bail was refused to them in case FIR No. 671 registered at Police Station F.I.A., Gulranwala on 04.06.2015 in respect of offences under sections 462-C and 109, P.P.C. and section 5(2) of the Prevention of Corruption Act, 1947.
2. After hearing the learned counsel for the parties and going through the record we have observed that according to the prosecution itself both the present petitioners were not the main perpetrators of the alleged theft of gas and the only allegation levelled against them is in respect of being facilitators of the main perpetrator of the alleged offences. The record of the case shows that the owner of the premises in issue, i.e. Amjad Farooq has already been admitted to post-arrest bail by the Lahore High Court Lahore vide order dated 15.10.2015 passed in Criminal Miscellaneous No. 12983-B of 2015 and even the tenant in possession of the relevant premises at the relevant time has also been admitted to ad interim pre-arrest bail and the matter of confirmation of his ad-interim pre-arrest bail is presently pending before the trial court. Some pieces of evidence are being relied upon by the prosecution in order to support its case against the petitioners as facilitators of the main accused persons but without commenting upon the evidentiary value of such pieces of evidence we have tentatively formed an opinion that the case against the present petitioners calls for further inquiry into their guilt. The investigation of this case qua the petitioners has already been finalized and a Challan has been submitted and, thus, continued incarceration of the petitioners is not likely to serve any beneficial purpose at this stage. These petitions are, therefore, converted into appeals and the same are allowed and, consequently, Muhammad Shafique and Hassan Muavia petitioners are admitted to bail in the above mentioned criminal case subject to furnishing bail bonds in the sum of Rs. 1,00,000/- (Rupees one hundred thousand only) each with one surety each in the like amount to the satisfaction of the trial court. MWA/M-67/SC Bail granted.