2000 PLP 1323 (YLR)

A case under section 379/420/424/ 431/435, P.P.C. is registered against the petitioners and others at Police Station Baghbanpura, Lahore vide F.I.R. No. 233 of 1999, dated 19‑5‑1999. Petitioner No. l is the proprietor, whereas, petitioner No.2 is the manager of the steel re‑rolling mills. They were stealing Sui gas by connecting an underground pipe with the main supply line passing from nearby distance. A raid was conducted by the Assistant Engineer In charge of the area. He was accompanied by the Illaqa Magistrate, S.H.O., Police Station Baghbanpura and the members of the Khidmat Committee named in the F.I.R. The petitioners were caught red‑handed while using the stolen gas for operating their forge.

2. Learned counsel for the petitioners has submitted that the members of the Khidmat Committee' had no locus standi to constitute the raiding party as the Khidmat Committees' are not Constitutional or legal entity in the eyes of law; that the petitioners are respectable persons and had never stolen the Sui gas to energize their forge which was being run by using furnace oil; that the offences were of petty nature and none of those was covered by the prohibitory clause so as to deny bail to the petitioners; and lastly it was contended that granting bail is a rule in such petty offences and refusal is an exception.

3. The bail was, however, opposed by the learned State Counsel on the ground that stealing gas energy and depriving national exchequer is becoming a fashion of the day and ought to be curbed with strong hand.

4. I have considered the foregoing facts and find that the F.I.R. was got registered by the Assistant Engineer of the area of Sui Gas and it was found at the spot that the petitioners were energizing their forge by stealing Sui gas which was obtained by connecting an underground pipe with the main supply line without getting proper connection from the Sui Gas Authorities. The petitioners are not only involved in stealing the Sui gas energy to run their factory but also exposed the general public to the injurious hazard as the unauthorised connection could lead to exposition.

5. It may be noted with concern that an unfortunate tendency of stealing power energy is turning into an obnoxious culture of the day with the unscrupulous consumers. I am conscious of the fact that grant of bail in petty offences is a rule and refusal is an E3 exception but in such‑like cases of theft, the bail should not be readily granted to discourage the repetition of such crimes.

6. The petitioners have, therefore, no case for bail at this stage. The petition is accordingly dismissed. N.H.Q./R‑108/L Bail refused.