Petitioner Ahmad Iqbal Satti has sought concession of pre arrest bail in the terms of Section 498 Cr.P.C. In crime report FIR No.201 dated 28.5.2015 under Section 379/411 PPC read with Section 26 of The Forest Act, 1927 lodged at Police Station Kahuta District Rawalpindi.
2. Allegation against the petitioner is that on 28.5.2015 at about 2:15 a.m., on the basis of spy information, police party intercepted the truck taking timber, which the accused stopped in roadside and fled away in the nearby Jungle.
3. Arguments heard. Record perused.
4. The petitioner along with his co-accused, has been alleged to have removed forest-produce from Azad Pattan. He has been charged with an act prohibited under Section 26(g) punishable with imprisonment for a term which may extend to six months or with fine which may extend to rupees five hundred or with both in addition to such compensation for damage done to the forest.
5. The petitioner has also been charged with the offence under Section 379 PPC which entails the maximum punishment of three years or fine or with both.
6. Under Section 26 of The General Clauses Act, 1897 where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.
7. Second Schedule of the Code of Criminal Procedure 1898 i.e. Offences Against Other Laws, provided that if the offence is punishable for less than one year or with whipping not exceeding 10- stripes with or without imprisonment, or with fine [Daman] only, is bailable offence.
7. It is settled principle of law that when an accused is charged under two different Statutes or Law, then he can only be tried for an offence of lesser sentence provided that offences are alike or similar in nature. Guidance in this context can safely be drawn from case titled "Mir Jan vs. The State Shariat Decisions (2003 SD) 2003 SD 459" The petitioner was not apprehended at the spot and nothing is required to be recovered from him in this case. Even the complainant has not mentioned the source of his information regarding the names and parentage of the accused.
Grant of bail in bailable offence is a matter of right and not grace. The arrest of petitioner shall serve no useful purpose rather would cause unjustifiable harassment and humiliation in public view.
In view of above, the petition in hand is allowed and the concession of ad interim pre arrest bail already granted to the petitioner stands confirmed subject to his furnishing fresh bail bonds in the sum of Rs.50,000/- (fifty thousand) with one surety in the like amount to the satisfaction of learned trial Court.