Muhammad Kabeer Tahir vs State S — 2025 YLR 2218 LAHORE-HIGH-COURT-LAHORE

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Muhammad Kabeer Tahir VS State S.498---Penal Code (XLV of 1860), Ss. 462-I & 322---Abstraction or tampering with electricity distribution or infrastructure, qatl-bis-sabab---Pre-arrest bail, dismissal of---Allegations against the co-accused persons were that they were using LT and HT poles illegally by attaching their network cables on it, without any permission, due to which wiring of some houses received electric current and a child received electric shock and died at the spot---Petitioners being Line Superintendent and SDO WAPDA were alleged to be in line with the co-accused persons for permitting them the use of LT & HT for attaching their cable to it---Cable Network Operators could not use the electricity poles unless LESCO Officials joined hands with them---Both Cable Network Operators had full knowledge that any untoward incident might happen whenever wire of cable network would come into contact with HT wire of LESCO---Both the sets of accused were fully aware that the said lapse/mischief might cause the death of any person due to electrocution---Mischief of both the petitioners was squarely covered by the definition of Qatl-bis-sabab---Petitioner, SDO, who was complainant of the case and later on was treated as an accused, himself mentioned in the application moved for the registration of criminal case that a child met his death due to the unlawful act of Cable Network Operators---In the light of said admission, non-conducting of post-mortem examination of deceased child, was not fatal to the case of prosecution in any manner---Nothing was on record to suggest that death of the child occurred otherwise than through electric shock---No premium could be claimed by petitioners on account of said lapse on the part of prosecution---Prima facie involvement of both the petitioners in the offence alleged against them could not be ruled out---Petitioners failed to establish any mala fide on the part of father of deceased child or Investigating Officer to falsely involve them---Both the petitions were dismissed---Pre-arrest bail already granted to petitioners was recalled, in circumstances. Citation Name: 2025 YLR 2218 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Kabeer Tahir VS State Ss. 497 & 498---Bail order---Observations of the Court---Scope---Observations made in bail order are tentative in nature and should not influence the Trial Court in any manner.

Muhammad Kabeer Tahir vs State S — 2025 YLR 2218 LAHORE-HIGH-COURT-LAHORE

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