Alamgir Khan vs The State and another
The petitioner sought post-arrest bail after being caught by a raiding party siphoning natural gas to generate and distribute electricity to consumers, and brandishing a pistol at police officials before fleeing. The core legal question was whether the petitioner was entitled to bail given the nature of the allegations and the statutory bar. The Supreme Court of Pakistan held that the statements of state functionaries corroborated by seized apparatus constituted reasonable grounds under Section 497 of the Code of Criminal Procedure, 1898, to prima facie connect the petitioner with the offence under Section 462-C of the Pakistan Penal Code, 1860, which carries a sentence of up to ten years rigorous imprisonment. Consequently, the petition was dismissed, affirming the view taken by the lower courts.
- Whether statements of state functionaries corroborated by recovered apparatus constitute reasonable grounds for refusing bail under Section 497 of the Code of Criminal Procedure, 1898?
- Does an offence under Section 462-C of the Pakistan Penal Code, 1860, attract the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898?
- Section 497, Code of Criminal Procedure 1898
- Section 462-C, Pakistan Penal Code 1860
Qazi Muhammad Amin Ahmed, J.- Alamgir Khan, petitioner herein, declined downstairs throughout, seeks admission to bail; he was surprised by a raiding party , within the precincts of Police Station Lakki Marwat, surreptitiously siphoning natural gas in a residential premises to unauthorizedly generate electricity being distributed to a large number of consumers in the neighborhood; he is also accus ed of criminally intimidating the contingent, brandishing a pistol on them, however took to the heels on arrival of police. Appliances being used, comprising electric generators, stabilizers with electric panels as well as other paraphernalia to power the system were secured vide inventory .
2. Position taken by the learned counsel for the petitioner requires an in-depth analysis, essentially on the basis of evidence, yet to be recorded and thus falls far outside the barriers of tentative assessment. Statements of the witnesses, functionaries of the State with no animus or malice, duly corroborated by apparatus secured from the spot, constitute 'reasonable grounds' , within the contemplation of Section 497 of the Code of Criminal Procedure, 1898 to prima facie frame the petitioner with the charge that attracts the bar contained therein as Section 462-C of the Pakistan Penal Code, 1860 carries a punishment that may extend to ten years rigorous imprisonment. View taken by the Courts below being well within the remit of law is not open to any exception.
Petition fails. Dismissed.
Cited by 3 cases
- Muhammad Hussain vs The State 2022 YLR 185
- Gul Bahar Jatoi vs The State 2021 MLD 1943
- Mirza Ali Adil Baig vs The State 2020 P Cr. L J 780