Pakistan Case Lawโ† Search
2016 SCMR 748

ABDUL HAMEED vs The STATE and another

Citation2016 SCMR 748
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 830-L of 2015
Date2015-08-26
Judge(s)Ijaz Ahmad Chaudhry, Umar Ata Bandial, Maqbool Baqar
ResultBail refused

ORDER

' 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.

Cited by 1 case

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch