JUDGMENTKHALIL-UR-REHMAN RAMDAY, J. - The petitioner claims to be the Managing Director of M/s. Eastern Steel Re-Rolling Mills Ltd. Who stands accused of theft of electricity vide F.I.R. No. 195 of 1996 of Police Station Badami Bagh of Distt. Lahore. It is contended on behalf of the petitioner that on account of some dispute amongst the Share-holders of the said company the former Managing Director had been ousted and the petitioner took over as the M.D. Of the said company.
It is argued that the F.I.R, in question had been maneuvered by the said former Managing Director with the connivance of the local WAPDA staff and the local police. Khaliq Dad V. The State(Khalil- ur-Rehman's Ramday, J)The learned counsel further argues that the mala fides of the action are evident from the fact that despite a lapse of almost 1 1/2 months, the meter in question is still lying in the police station and neither the complainant nor the I.O. Had the courage of having sent the same to the Electricity Inspector in accordance with law for examination. Further adds that the petitioner is also apprehensive of tempering having been done with the said meter in the last 1 months since the same is in the custody of the S.H.O./I.O. The learned counsel has also placed before me a table of the electricity bills paid by this company ever since January, 1994 and has pointed out that the bills ever since November, 1995 when the petitioner took over this company as M.D. Have been more or at least the same as prior to the said period.
2. The I.O. Present in Court submits that the investigation is still in progress and that whatever required to be recovered i.e. The meter in question had since been recovered at the time of the lodging of the F.I.R..
3. In this view of the matter the interim pre-arrest bail already allowed to the petitioner is confirmed subject to the petitioner's furnishing fresh security in the same amount to the satisfaction of the same learned Magistrate.