ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Crl.Bail Appln. No.832 of 2016

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Date Order with signature of Judge

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For hearing of bail application

04.07.2016

Mr.Muhammad Daud Narejo, Advocate for the Applicant.

Mr.Malik Sadaqat Khan, Special Prosecutor (SSGC).

Mr.Abdullah Rajput, APG.

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The applicant has applied bail in FIR No.03/2016 lodged under Section 462(A-h)-C/D/34 PPC at P.S. SSGC Karachi. Brief facts of the case are that Abdul Sattar Shaikh, Assistant Manager, SSGC lodged the FIR on 8.1.2016. According to him he visited Sector 6/B Mehran Town Korangi Karachi on 7.1.2016 and saw that in several houses the gas was being used through rubber pipes and on checking it was found that from five different areas of Mehran Town Sector 6/B sui gas was being stolen from Sui Gas Service Lines through plastic and rubber pipes and supplied to different houses of Sector 6/B, Mehran Town, Karachi. He disconnected the said connections with the help of labour and technical staff after digging the same and also recovered plastic and rubber pipes which were handed over to the police. It revealed to them that this illegal connections had been connected by Shahban s/o Laung and his son Ahmed Ali i.e. the present applicant resident of House No.276 Sector 6/B Mehran Town Korangi Karachi and applicant was receiving Rs.500/- per month for supplying gas through theft.

Learned counsel for the applicant argued that father of the applicant Shahban is on interim bail granted by the trial court. This fact has been confirmed by the learned counsel for the complainant. He further argued that the applicant has been falsely implicated in the case as there was some enmity between the applicant and ASI Ghulam Hussain Sahito, posted at P.S. KIA. He further argued that neither in the FIR nor in the challan any name of person or resident of the house using the gas is mentioned nor any house number is mentioned. He further argued that not a single statement has been recorded by the I.O. from any such person as witness nor they are accused, therefore, this is a case of further inquiry. Learned APG argued that though the name of the applicant is mentioned in the FIR but neither the independent witness has been examined nor the address or name of any person who was using the gas and/or paying Rs.500/- per amount to the applicant. Learned counsel for the complainant argued that the private persons were not cooperating with the prosecution for recording their statement, therefore, only the SSGC employees are complainant and witnesses in the challan and the FIR has been lodged by Assistant Manager.

It was crucial for the prosecution to at least mention the names of persons who were using the gas through theft and even the police has not associated any independent witness at the time of lodging of FIR to show whether the gas was supplying illegally against Rs.500/- per month, so at this stage whether the applicant is involved in the theft of gas or not? It requires further inquiry. Keeping in view the facts and circumstances of the case the applicant is granted bail subject to his furnishing solvent surety in the sum of Rs.200,000/- (Rupees two hundred thousand only) with the P.R. bond in the like amount to the satisfaction of the Nazir of this court. Today is the last working day before Eid Holidays, therefore, the surety may be furnished before the Nazir of this court. Learned APG has no objection. The above findings are tentative in nature and shall not prejudice the case of either party. The trial court shall be intimated by the office on first working day after Eid Holidays. Bail application is disposed of.

Judge