Dr. MUHAMMAD RIAZ AKHTAR alias Dr. SHAHID vs THE STATE and another
This criminal petition, converted into an appeal, arises from an order of the Lahore High Court cancelling the post-arrest bail previously granted to the petitioner by the Judicial Magistrate. The petitioner was accused in an FIR of illegally disrupting a natural gas pipeline to supply gas to numerous houses, an offense registered under the Pakistan Penal Code. The core legal question was whether the High Court was justified in cancelling the petitioner's bail solely based on the severity of the allegations without sufficient incriminating material on record. The Supreme Court of Pakistan held that the High Court erred in law by cancelling the bail, noting that prima facie there was no evidence connecting the petitioner to the crime and the offense did not fall within the prohibitory clause of the Code of Criminal Procedure, rendering it a case of further inquiry. Consequently, the Supreme Court set aside the High Court's order and restored the petitioner's bail, establishing that bail should not be cancelled merely on the gravity of allegations absent incriminating evidence connecting the accused.
- Whether bail can be cancelled by the High Court merely on the ground of the severeness of allegations without incriminating material?
- Does an offense falling outside the prohibitory clause of Section 497 of the Code of Criminal Procedure warrant post-arrest bail as a case of further inquiry?
- Can tentative observations made by the Supreme Court during a bail hearing prejudice the case of either party at the trial?
- Section 462-C, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' IJAZ AHMED CHAUDHRY, J.---Through the instant petition Dr. Muhammad Riaz alias Dr. Shahid, petitioner, seeks leave to appeal against the order dated 21-6-2012 passed by the learned Lahore High Court, Lahore in Criminal Miscellaneous No, 8298/BC/12 in Criminal Miscellaneous No,7591/B/2012 whereby the post arrest to the petitioner by the learned Judicial Magistrate Section 30, Lahore was cancelled.
2. Precise allegation against the petitioner is that he, by disrupting the natural gas distribution pipe line, had illegally supplied natural gas to 500 houses in the locality. F.I.R. No,50 dated 18-1-2012 was accordingly registered under section 462-C, P.P.C. At Police Station, Shah Bagh, Lahore. After registration of the F.I.R. The petitioner was arrested. He applied for grant of bail before the learned Judicial Magistrate Section 30 who vide order dated 11-5-2012 admitted him to post arrest bail. The complainant filed application for cancellation of to the petitioner by filing Criminal Miscellaneous No,7591-B of 2012 which was allowed and the bail of the petitioner was cancelled through impugned judgment against which the petitioner has filed this petition.
3. Learned counsel for the petitioner contends that the impugned order is against law and facts of the case; that the learned single Judge in Chamber of the Lahore High Court was not justified to cancel post arrest to the petitioner by the learned trial Court; that there was no allegation of misuse of concession, of bail by the petitioner; that there is no incriminating material available on record against the petitioner which could justify cancellation of bail; that the consumers of the gas who has allegedly been supplied gas by the petitioner have not been challaned in the court and even none of the said persons stated before the Police during the course of investigation that the petitioner was the distributor of supply of gas through illegal means; that the learned High Court, has cancelled the bail of the petitioner merely on the severeness of the allegation levelled against the petitioner in the F.I.R. Without touching merits of the case.
4. On the other hand learned Additional Prosecutor-General as well as the complainant appearing in person have opposed this petition.
5. We have heard the arguments of the learned counsel for the parties and have also perused the record.
6. The petitioner is alleged to have supplied gas to 500 houses by disrupting the Gas Pipe Line.
Prima facie there is nothing on record to connect him with the alleged crime .As no one entered appearance before the Police to state that the petitioner had been charging amount for supply of gas. Even otherwise there. Is no connection available of natural gas in the house of the petitioner. In the circumstances, the offence with which .The petitioner has been charged does not fall within the prohibitory clause under section 497, Cr.P.C. As such he was rightly granted bail by the learned trial Court being treating his case as of further inquiry but the learned High Curt has erred in law while cancelling to the petitioner by the learned trial Court.
7. In the above circumstance we convert this petition into appeal and allow the same by setting aside the order dated 21-6-2012 passed by the Lahore High Court, Lahore. The petitioner is admitted to bail subject to his furnishing fresh bail bond in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the learned trial Court. However, it is made clear that the observations made in this order are tentative in nature and shall not prejudice case of either party at the trial.
Cited by 2 cases
- RAZA MUHAMMAD Versus State 2017 PCrLJN 47
- Malik JAWED and another vs The STATE and another 2015 P Cr. L J 1315