ABDUL HAMEED vs The STATE and another
This matter arises from a petition for post-arrest bail filed by the petitioner, Abdul Hameed, in connection with FIR No. 38 registered under sections 462-B, 462-F, 411, and 379 of the Pakistan Penal Code at Police Station Shah Sadar Din, District Dera Ghazi Khan, involving the alleged theft of 8000 liters of crude oil from a main supply line. The core legal question is whether the petitioner, alleged to be the driver of the truck found in possession of the stolen crude oil, is entitled to post-arrest bail notwithstanding the applicability of offenses falling within the prohibitory clause of section 497 of the Code of Criminal Procedure. The Supreme Court held that the petitioner, having been caught red-handed at the spot in possession of the stolen crude oil for offenses falling within the prohibitory clause, failed to make out a case for the grant of bail. The petition was accordingly dismissed and leave declined, reinforcing the principle that accused persons prima facie connected with heinous offenses falling within the prohibitory clause are ordinarily not entitled to bail.
- Is an accused caught red-handed in possession of stolen crude oil from a main supply line entitled to post-arrest bail?
- Do offenses under sections 462-B and 462-F of the Pakistan Penal Code fall within the prohibitory clause of section 497 of the Code of Criminal Procedure?
- Does the mere role of a truck driver suffice to grant post-arrest bail when the vehicle is used for transporting stolen crude oil?
- Section 462-B, Pakistan Penal Code 1860
- Section 462-F, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 379, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' IJAZ AHMED CHAUDHRY, J.---Through this petition, the petitioner seeks bail after arrest in case FIR No.38, dated 18.02.2015, registered with Police Station Shah Sadar Din, District Dera Ghazi Khan under sections 462-B, 462-F, 411, 379, P.P.C. Brief allegation against the petitioner is that he committed theft of 8000 liter crude oil from the main supply line by applying clump.
2. Learned counsel for the petitioner contends that the offences under sections 462-B and 462-F, P.P.C. Are not applicable to the extent of petitioner and at the most, he can be convicted under section 411, P.P.C., which is punishable with three years imprisonment. It is also contended that the petitioner is only driver of the truck whereas co-accused of the petitioner, who is owner of the truck, has been allowed bail by the trial Court.
3. On the other hand, learned Additional Prosecutor General as well as the learned counsel for the complainant has opposed this petition on the ground the petitioner is accused of the offences under sections 462-B and 462-F, P.P.C., which fall within the prohibitory clause of section 497, Cr.P.C., therefore, he is not entitled to grant of bail.
4. We have heard the learned counsel for the parties and have perused the available record. The petitioner has been caught read handed at the spot while in possession of 8000 liter stolen crude oil, which was stolen from the main supply line by applying clump. The offences for which the petitioner has been charged with under section 462-B, 462-F, P.P.C. Fall within the prohibitory clause. Therefore, in our considered view, he has failed to make out a case for grant of bail.
' For the foregoing reasons, we do not find any merit in this petition, as such the same is dismissed.
Leave declined.
Cited by 1 case
- Abdul Rasool vs The State 2019 SHC 274