Through this application under sections 497/498, Cr.P.C. the petitioners seek bail before arrest in case FIR. No,249 of 2002 registered on 21-5-2002 under section 39-A of Electricity Act, 1910 at Police Station Factory Area Sheikhupura on the statement of Muhammad Siddique Sindhu, Executive Engineer, Lahore.
2. The brief allegations in the F.I.R. are that complainant , Muhammad Siddique Sindhu, XEN Shalimar Division, Lahore, is the Incharge of 132 K.V. Green View Grid Station as well. On 20-5-2002 at 10-00 a.m. Standing Committee of Circle NO.1 alongwith SEGSO Circle WAPDA Muhammad Akram Arain Lahore checked the Panel of K.V. Wandat Steel Femus and according to the agreement the monthly reading is taken by the officers of the WAPDA. Wandat Steel Fernus is in possession of Sadiq, Irfan and Riyas. They in connivance with Zahid Mahmood, Rafique Ahmad, Manzoor Hussain, Shahid Mehmood and Bashir Ahmad SS&Ts have removed the seals of. WAPDA security and tampered the bonds. The wire of the meter was connected with another wire in order to slow down the meter reading and these acts have caused loss of lacs of rupees to the WAPDA.
Photographs have also been taken of these wires hence case was registered.
3. Learned counsel for the petitioners contends that there is long chain of litigation between Wandat Steel Mills and the. WAPDA Authorities. Civil suits have been filed for the recovery of Billions of rupees from the WAPDA Authorities. The suit has been decreed in favour of Wandat Steel Mills and the appeal filed by the WAPDA has been dismissed. In order to involve Wandat Steel Mills, the petitioners have been made scapegoat by the complainant , and the petitioners are innocent, whose co-accused has been granted bail after arrest and the case of the petitioners is at par with the case of the co-accused, thus they may be granted bail. It is further contended that it is factually incorrect that the petitioners have any control aver the said meter or the place where the alleged theft has been committed of the electricity. It is further contented that the petitioners are not involved in any case falling within the prohibitory (Cause and nothing is to be recovered from them, who are respectable citizens and they may be granted bail before arrest.
4. I have heard the learned counsel for the parties and also perused the documents attached with this petition. The dispute between Wandat Steel Mills and the WAPDA Authorities will not help the petitioners for showing mala fides to falsely implicate them by their superior officers. Executive Engineer is the complainant of the said F.I.R. and is the Incharge of the Grid Station as well. The petitioners are employed there. The meter was duly installed in the Grid Station due to the previous history of litigation between WAPDA and the detection bills has also been issued to said Mills.
Though the civil suit has been filed by Wandat Steel Mills yet the possibility cannot be 'ruled out of filing of these suits with mala fide intention to pressurize the WAPDA Authorities. The pendency of the civil suit even otherwise and the other litigation between the WAPDA will not help the case of the petitioners as they .have no connection with that litigation and there is no reason for the complainant to falsely implicate them in -this case. The petitioners are employees of the WAPDA and cannot be implicated in a case falsely without any reason. No allegation has been levelled against the complainant to falsely involve the petitioners in this case. Bail before arrest is meant to protect innocent citizens if there are chances of false implication of accused with mala fide intention. In this case I have not found any iota of evidence to show that the petitioners could have been involved falsely by the XEN. The petitioners have failed to make out a case for bail before arrest. The police has recorded the statements of other SDO and XEN who were present at the spot and they have supported the complainant about the commission of the offence in connivance with the petitioners by slow down the meter and stealing the electricity to deprive the WAPDA of huge amount of lacs of rupees. The petitioners are not entitled to any extraordinary relief. Their bail application is accordingly dismissed.