This is an application far the grant of pre-arrest bail made on behalf of applicant Muhammad Iqbal, who apprehending his arrest in Crime No.125 of 1988, KESC. Police Station, under section 39 of the Electricity Act, 1910, has surrendered before this Court. The application for anticipatory bail made on his behalf was rejected earlier by learned Sessions Judge (East), Karachi, vide order dated 13-11-1988.
2. It is alleged-That the above applicant, being the owner of Gulshan Ice Factory, Nazimabad-4, Karachi, had dishonestly consumed energy after the electricity was disconnected, and thereby committed an offence punishable under section 39 of the Electricity Act, 1910.
3. I have heard Mr. A. Rashid, learned counsel for applicant and Mr. AA. Muhammad A.I, learned AA.- G. On behalf of State. The learned AA.-G. Has got no objection to the grant of bail to the present applicant.
4. The offence under section 39 of the Electricity Act, 1910 is punishable with imprisonment for a term which may extend to three years, or with fine which may extend to Rs.5,000 or with both. The applicant has apprehended humiliation and harassment at the hands of police. It was also contended on his behalf that the F.I.R. Was lodged against him with mala fide intention and there is a series of litigations between the parties on account of disconnection of the supply of electricity to his factory.
5. Having regard to the above circumstances, coupled with the fact that the learned A.A.-G. Has not opposed the bail application, the interim bail granted to B applicant on 14-11-1988, stands confirmed on the same terms and conditions. The applicant, is, however, directed to appear before the Investigating Officer and the trial Court, as and when required.