' MUHAMMAD AKHTAR SHABBIR, J.---The petitioner seeks pre- arrest bail in case F.I.R. No,42, dated 30-1-2006 registered under section 39-A, Electricity Act, 1910, sections 186 and 337-H(2), P.P.C. With Police Station, Batapur Lahore.
2. The pre-arrest bail of the petitioner had been declined by the learned Additional Sessions Judge, Lahore vide order dated 2-3-2006.
3. I have heard the learned counsel for the parties and perused the record.
4. The learned State counsel as well as S.-I., present in Court submitted that offence under section 337-H(2), P.P.C. Has been deleted and at present offences under section 186, P.P.C. and 39-A of Electricity Act remain in field. Section 186, P.P.C. Is punishable with imprisonment of either description for a term, which may extend to three months or with fine which may extend to (one thousand five hundred rupees), or with both and is bailable while offence under section 39-A of Electricity Act is punishable with imprisonment of either description which may extend to three years or with fine or with both.
5. Schedule-II of the Cr.P.C. Has provided tabular statement of offences, which has provided punishments against other laws than the P.P.C. And it would be appropriate to refer to Schedule-II of Cr.P.C. At the fag end containing the tabular statement of offences under the captioned offence against other laws. About an offence punishable with imprisonment for three years and upwards but not exceeding seven years or with whipping not exceeding 80 stripes with or without punishment, the police is made competent to arrest the accused without warrant and the offence has been declared to be non-bailable. In the said tabular there is mention that an offence punishable, with imprisonment for one year and upwards but less than three years or with whipping not exceeding 40 stripes with or without imprisonment, shall be bailable.
6. The offence under section 39-A of the Electricity Act has provided penalty of the offence committed under the said Act and shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or both. The sentence for the commission of the aforesaid offences under the Electricity Act being up to (not exceeding) three years or fine or with both, the same can safely be held to be bailable nnless specifically declared and made as non- bailable by the legislature in the aforesaid Schedule-ii. I, therefore, hold thet the offences under section 39-A of Electricity Act is also bailable.
7. The punishment under sections 218 and 225-A, P.P.C. Is three years or fine or both and offences are bailable. As such as offence against other laws punishable with imprisonment not exceeding three years or with fine or with both can safely be held to be bailable unless specifically declared and made as non-bailable by the legislature m the aforesaid Schedule-II, therefore, hold that the offences uncle section 39-A of Electricity Act is also bailable.
8. In view of the above discussion tt ad interim pre-arrest to tl petitioner vide order 20-3-2006 confirmed subject to furnishing fre bail bonds in the sum of Rs,1,00,0 (rupees one lac) with one surety in 1 like amount to the satisfaction of Trial Court/Illaqa/Judicial Magisti concerned.
Bail confiri