2013 PLP 1303 (MLD)

SHAHID HAMEED DAR, J.

Shabbir Hussain (petitioner) seeks bail after arrest in case F.I.R. No. 22/12 dated 8-1-2012 registered for offences under sections 462-C, 462-F, P.P.C. at Police Station Manawan, Lahore.

2. Precisely, the allegation against the petitioner is that he along with others intercepted main distribution gas pipeline and committed theft of gas not only for his own consumption but also delivered its connections to more than two hundred consumers/houses.

3. Learned counsel for the petitioner submits that petitioner applied for a connection of gas-supply on 17-7-2008 and received a demand notice from Sui Northern Gas Pipeline Limited, on the basis of which he deposited an amount of Rs.3000 on 21st July, 2008; the gas-meter was installed by a fitter of the department and this is how, the petitioner started receiving the supply of gas in his house; none of the persons/accused mentioned in the F.I.R. is resident of the locality where the petitioner lives and their names have been mentioned in the F.I.R. just for nothing.

4. On the other hand, learned Deputy Prosecutor General Punjab opposes with the contention that the offence committed by the petitioner is serious which falls within the prohibitory clause of section 497(1), Cr.P.C., hence, he may not be granted the relief prayed for.

5. After hearing learned counsel for the parties and perusing the record, it is observed that there are certain circumstances which have either been distorted or withheld by the complainant while reporting the crime to the police. Learned Deputy Prosecutor General Punjab after going through the record submits that the police has not succeeded in locating the whereabouts of any of the co-accused of the petitioner. In fact the statement of one Ejaz Ahmad has been recorded by the I.O. on 6-11-2012 which divulges that the persons named as co-accused of the petitioner were not the residents of the area, where the petitioner resided. It looks strange that a mass network of illegal gas-connections was allegedly unearthed by the complainant but he took no pains to mention the names of illegal consumers of the gas correctly. It shows non-seriousness and dishonesty on his part. An impression arises from case diary No.9 as if a gas-meter stood installed outside the residential house of the petitioner yet, it has not been taken into possession by the I.O., probably for the reason that it was neither shown to him by the complainant nor handed over to him for the purpose of recovery. The investigating officer did not collect any material from the Sui Northern Gas Pipeline Limited to verify the claim of the petitioner regarding issuance of a demand notice and deposit of gas-connection fee Rs.3000 by the petitioner subsequent thereto. The record is also silent as to how much loss had been sustained by the said department because of the crime, allegedly committed by the petitioner and his co-accused. Maqsood Khan, a fitter joined investigation on 8-1-2012 whereby he fully corroborated the story of F.I.R. except for mentioning the name of the petitioner as an accused. This omission in his statement leads the prosecution case to nowhere. Similar is the situation in respect of another statement under section 161, Cr.P.C, rendered by Ch.Sharafat Ali D.O-V a Sui Gas Northern Pipeline Limited, Gulberg, Lahore. This a classic case of incompetent, dishonest and unscrupulous investigation which, as per record has been conducted by Muhammad Akbar S.-I. (investigation) Police Station Manawan. The petitioner is no more required for the purpose of further investigation as report under section 173, Cr.P.C. stands deposited with the trial court on 1-8-2012. Sufficient reasons exist to believe that the petitioner's case calls for further probe into his guilt as envisaged by section 497(2), Cr.P.C.

6. Therefore, the instant application is accepted and petitioner is admitted to post arrest bail subject to furnishing bail bonds in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of learned trial court.

7. Before parting with this order, it is directed that the learned Law Officer shall establish contact with the SP (Investigation) Cantt, Lahore, apprise him of the anxiety and annoyance of this Court and require him to hold an inquiry into the conduct of the above named investigating officer which shall be completed by him within one month from today under intimation to this Court, through the learned Law Officer, as to the action taken by him against the delinquent Investigating Officer. MWA/S-23/L Bail granted.