IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.2395 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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10.03.2025
Ms. Farzana
Abbasi, advocate for applicant
Mr. Malik Sadaqat,
advocate for complainant/SSGC
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SHAMSUDDIN ABBASI,
J.—Applicant/accused Islam
Jan son of Sahib Jan, seeks post arrest bail in FIR No.71/2024, registered at
P.S. SSGC Karachi for offence under section 15, 17, 24 of the Gas (Theft
Control and Recovery) Act, 2016, after rejection of his bail plea by the trial
Court vide order dated 10.10.2024.
2. Facts of
the case depicted in the impugned order are reproduced as under:
“The
Brief facts of the case are that on 23.09.2024 1200 at about hours Mubeen Ahmed Ansari, Assistant Engineer SSGC alongwith Kamran Iqbal, KPO of
SSGC, Technical Staff and police party of PS SSGC conducted raid at Data Milk
Shop Street, Katchi Abadi
near Jama Masjid Aisha Noor Muhammad Burfat Goth, Block A, Scheme 33, Karachi and found that Sui
Gas was being stolen by accused Islam Jan through direct connection and using
Dryer Machine, 1 Injector burner, heat water tank, 1 Rod burner and 1 Generator
of 30.3 KVA and its electricity was supplied to Laundry. Such illegal
connection was disconnected by technical staff of SSGC and police party of SSGC
secured articles viz; 2 Injector burner, 1 pipe rod
burner, 1 plastic pipe measuring about 18 feet, 63 MM plastic pipe measuring
about 1 Feet and 1 AGS Battery from the place of incident. Accused was not
found at the place of incident and thereafter ASI Shahid
Mehmood of PS SSGC recorded 154 Cr.PC
statement of Mubeen Ahmed
Ansari Assistant Engineer of SSGC and subsequently FIR was lodged at PS SSGC,
vide FIR.”
3. Learned
counsel for applicant submits that applicant is innocent and he has been
falsely implicated in this case; that alleged generator was not recovered; that
offence alleged does not fall within the ambit of prohibitory clause of section
497, Cr.PC; that applicant is in custody since
26.09.2024 without any progress in trial on the ground that learned trial Court
is lying vacant; that case has been challaned and
applicant is no more required for further investigation; all the prosecution
witnesses are government officials, therefore, question of tampering with
evidence does not arise. Counsel for applicant further submits that applicant
is ready to deposit half of the liability calculated by SSGC, to be deposited
as security before the Nazir of learned trial Court.
4. Learned
counsel for complainant/SSGC submits that sufficient material is available on
record, which connects the applicant to the commission offence and SSGC has
calculated an amount of Rs.10,193,100/-, however, he
recorded no objection if the applicant/accused is directed to deposit the full
amount of liability with the learned trial Court in view of the case of
SHAMRAIZ KHAN versus THE STATE (2000 SCMR 157).
5. Heard
learned counsel for the applicant as well as learned counsel for SSGC/complainant
and perused the material available on record.
6. Prosecution
case is based upon the evidence of SSGC/police officials,
therefore, question of tampering with the prosecution evidence does not arise.
Case has been challaned and applicant/accused is no
more required for further investigation. Minimum punishment as provided under
section 15 of the Gas (Theft Control and Recovery) Act, 2016, is 5 years and
the maximum punishment provided is 10 years. It is well settled principle of
law that at bail stage, minimum sentence will be considered. Alleged offence
does not fall within the ambit of prohibitory clause of Section 497, Cr.PC. Learned counsel for applicant has given consent that
the applicant is willing to deposit Rs.5,000,000/- as
security to extent of half of the liability calculated by the SSGC before the
Nazir of the trial Court and prayed that applicant/accused may be admitted to
post arrest bail.
8. It is
informed that learned trial Court is lying vacant since last three months, as such, the trial has not been concluded. For such reasons, no
one can be kept in custody for an indefinite period. In view of above position
as well as statement of learned counsel for applicant at bar, applicant Islam
Jan son of Sahib Jan is admitted to post arrest bail in the aforesaid FIR,
subject to his furnishing solvent surety in the sum of Rs.100,000/- and P.R.
Bond to the satisfaction of the trial Court. In addition thereto, applicant is
also directed to deposit Rs.5,000,000/- (Rupees Five
Million) being half of the liability calculated by SSGC, as security before the
Nazir of learned trial Court.
9. Needless
to mention here that the observations made hereinabove are tentative in nature,
the same would not influence the trial Court while deciding the case of the
applicant/accused on merits.
10. Instant
criminal bail application is disposed of in the above terms.
J
U D G E
Gulsher/PS