2021 PLP 552 (SCMR)
MUHAMMAD EJAZ — Petitioner Versus ABID HUSSAIN and another — Respondents
| Citation | 2021 PLP 552 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel and Syed Mansoor Ali Shah, JJ |
| Parties | MUHAMMAD EJAZ — Petitioner Versus ABID HUSSAIN and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2021 PLP 552 (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 2021 PLP 552 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel and Syed Mansoor Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 PLP 552 (SCMR) (MUHAMMAD EJAZ — Petitioner Versus ABID HUSSAIN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hasnat Ahmed Khan, Advocate Supreme Court for Petitioner along with Petitioner in person.
Headnotes / Summary
(Against the order dated 22.10.2020 passed by the Lahore High Court, Multan Bench, Multan in Criminal Miscellaneous No. 6182-B of 2020)
S. 497(5)
Penal Code (XLV of 1860), S. 462-B
Theft of oil by tampering with main petroleum pipeline
Pre-arrest bail, recalling of
Allegation against the accused was that of theft of huge quantity of diesel oil by tampering with the main petroleum pipeline of an oil refinery
Punishment of the offence alleged against the accused may extend to fourteen years
During the course of investigation, the accused was found fully involved
Accused was not able to point out any mala fide for his false implication in the case
In the circumstances, the accused was not entitled to the extraordinary concession of pre-arrest bail
Petition for leave to appeal was converted into an appeal and allowed and pre-arrest bail granted to the accused was recalled. Respondent No. 1 in person. Mirza Abid Majeed, DPG along with Farooq, DSP and Muhammad Ozair, SHO for the State.
Judgment & Decree
MANZOOR AHMAD MALIK, J.
Crl. M. A. No.2062 of 2020: For the reasons mentioned in the misc. application, the same is allowed and delay in filing the criminal petition is condoned.
2. Impugned herein is the order dated 22.10.2020 whereby pre-arrest bail was allowed to respondent No.1 by the learned Lahore High Court, Multan Bench, Multan in case FIR No.148 dated 11.08.2019, offence under section 462-B, P.P.C., registered at Police Station Rangpur, District Muzaffargarh.
3. After hearing the learned counsel for the petitioner, respondent No.1 present in person and learned Deputy Prosecutor General at length and perusal of available record, it has been observed by us that the allegation against respondent No.1 is that of theft of huge quantity of diesel oil by tampering with the main Petroleum Pipe Line of PARCO. The punishment of the offence alleged against the respondent may extend to fourteen years. It has been confirmed by the learned Deputy Prosecutor General under instructions of the Police Officers present with record that during the course of investigation, the respondent was found fully involved. Respondent No.1 present in person was not able to point out any mala fide for his false implication in this case. In the circumstances, the respondent. No.1 Abid Hussain was not entitled to the extraordinary concession of pre-arrest bail.
4. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. The impugned order of the learned High Court is set aside. The pre-arrest bail allowed to respondent No.1 Abid Hussain is hereby recalled. He is present in Court and shall be taken into custody. MWA/M-11/SC Bail recalled.