Muhammad Hanif vs State S — 2026 YLR 1141 LAHORE-HIGH-COURT-LAHORE

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Muhammad Hanif VS State S. 497---Penal Code (XLV of 1860), S. 462-C---Theft of natural gas by commercial consumer---Bail, grant of---Further inquiry---Allegation against the accused-petitioner was that during inspection by the Sui Gas Official, he was found committing theft of sui gas by making fake service---Record showed that the checking team of Sui Gas Department disconnected the fake service at the spot---No meter was installed at the petitioner's house---Furthermore, the allegation qua installation of plastic service would be better determined by the Trial Court after recording of evidence---At present, prima-facie essential ingredients of S.462-C, P.P.C, against the petitioner were missing---No proper report qua damage caused by the petitioner to the Government Exchequer had been assessed by the Department---As regards conclusion of the investigation suffice to say that ipse dixit of police was not binding upon the Court---First Information Report was lodged with an inordinate delay of 5 days for which the complainant did not utter asingle word---In such circumstances, the grant of bail in such cases was a rule while rejection was the exception---Besides, no exceptional ground was available that might have justified withholding concession of bail to the applicant---Furthermore, the investigation was complete---Person of the petitioner was no more required by the police for further investigation---Petitioner was behind the bars since his arrest without any progress in the trial---Fair and speedy trial was one of the fundamental rights of petitioner---Case emanating from FIR was proceeding in the Trial Court, hence, there shall be no useful purpose achieved or attained to hold him behind bars---Bail application was allowed, in circumstances.

Muhammad Hanif vs State S — 2026 YLR 1141 LAHORE-HIGH-COURT-LAHORE

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