Muhammad Asghar vs State and another
This criminal petition was filed by Muhammad Asghar seeking pre-arrest bail in case FIR No. 184/2019 registered under Sections 462-C and 379 of the Pakistan Penal Code 1860 at Police Station Saddar Muzaffargarh. The core legal question involved whether the petitioner was entitled to pre-arrest bail for the alleged theft of sui gas where his involvement was subject to further evidence and no recovery was required. The Lahore High Court held that since the petitioner was not a defaulter, investigation showed his involvement stemmed from political interference, and his custodial interrogation or arrest was not required for recovery, the pre-arrest bail should be confirmed. The court laid down the principle that where an accused has joined investigation, no recovery is pending, and liability requires evaluation through evidence, pre-arrest bail ought to be confirmed.
- Is an accused entitled to pre-arrest bail when his criminal liability requires determination after recording evidence?
- Whether pre-arrest bail should be confirmed when the accused has already joined the investigation and no recovery remains to be made?
- Does sending an accused behind bars serve any useful purpose when custodial interrogation is not required by the police?
- Section 462-C, Pakistan Penal Code 1860
- Section 379, Pakistan Penal Code 1860
ORDER
This petition has been moved by Muhammad Asghar accused in case FIR No. 184/2019 dated 11.4.2019 for the offences under Sections 462-C, 379, PPC registered at Police Station Saddar Muzaf fargarh seeking pre-arrest bail.
2. Arguments heard, record perused.
3. Allegation against petitioner , briefly , is that he was found stealing sui gas by connecting a pipe line with the main sui gas line. Petitioner himself is consumer of gas and admittedly he is not defaulte r. During investigation it came to light that the pipe line alleged to have been installed by petitioner , was in fact installed by political figures interference. That being so, petitioner's involvement/ liability would be determ ined after recording evidence.
Petitioner's person is not required by police for the purpose of effecting any sort of recovery . .He has already joined investigation. Sending the petitioner behind the bars at this stage would serve no useful purpose. Therefore, petition in hand is allowed and ad-interim pre-arrest bail already granted to the petitioner by this Court is confirmed, subject to his furnishing bail bonds in the sum of Rs. 100,000/- with one surety in the like amount to the satisfaction of trial Court.