2016 PLP 748 (SCMR)
ABDUL HAMEED — Petitioner Versus The STATE and another — Respondents
| Citation | 2016 PLP 748 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ijaz Ahmed Chaudhry, Umar Ata Bandial and Maqbool Baqar, JJ |
| Parties | ABDUL HAMEED — 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 2016 PLP 748 (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 2016 PLP 748 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ijaz Ahmed Chaudhry, Umar Ata Bandial and Maqbool Baqar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 748 (SCMR) (ABDUL HAMEED — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Nisar Ahmad Kausar, Advocate Supreme Court for Petitioner.
- Date of hearing: 26th August, 2015.
- Hasnat Ahmed Khan, Advocate Supreme Court for the Complainant.
Headnotes / Summary
(On appeal from the judgment/order dated 1-7-2015 passed by Lahore High Court, Multan Bench in Cr. Misc. No. 1870-B of 2015)
S. 497
Penal Code (XLV of 1860), Ss. 462-B, 462-F, 379 & 411
Theft of oil by tampering with main petroleum pipeline
Accused caught red handed at the spot while in possession of 8000 liters of stolen crude oil, stolen from the main supply line by applying a clump
Sections 462-B & 462-F, P.P.C., with which accused was charged fell within prohibitory clause of S. 497, Cr.P.C.
Case for grant of bail was not made out
Bail was refused accordingly. Asjad Javed Ghural, Additional P.G. for the State. Hasnat Ahmed Khan, Advocate Supreme Court for the Complainant.
Judgment & Decree
IJAZ AHMED CHAUDHRY, J.
Through this petition, the petitioner seeks bail after arrest in case FIR No.38, dated 18.02.2015, registered with Police Station Shah Sadar Din, District Dera Ghazi Khan under sections 462-B, 462-F, 411, 379, P.P.C. Brief allegation against the petitioner is that he committed theft of 8000 liter crude oil from the main supply line by applying clump.
2. Learned counsel for the petitioner contends that the offences under sections 462-B and 462-F, P.P.C. are not applicable to the extent of petitioner and at the most, he can be convicted under section 411, P.P.C., which is punishable with three years imprisonment. It is also contended that the petitioner is only driver of the truck whereas co-accused of the petitioner, who is owner of the truck, has been allowed bail by the trial Court.
3. On the other hand, learned Additional Prosecutor General as well as the learned counsel for the complainant has opposed this petition on the ground the petitioner is accused of the offences under sections 462-B and 462-F, P.P.C., which fall within the prohibitory clause of section 497, Cr.P.C., therefore, he is not entitled to grant of bail.
4. We have heard the learned counsel for the parties and have perused the available record. The petitioner has been caught read handed at the spot while in possession of 8000 liter stolen crude oil, which was stolen from the main supply line by applying clump. The offences for which the petitioner has been charged with under section 462-B, 462-F, P.P.C. fall within the prohibitory clause. Therefore, in our considered view, he has failed to make out a case for grant of bail. For the foregoing reasons, we do not find any merit in this petition, as such the same is dismissed. Leave declined. MWA/A-1/SC Bail refused.