| Case ID |
38f89a4c-f7a1-4846-ae64-429c17c4debd |
| Body |
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| Case Number |
Criminal Petition No. 533 of 2019 |
| Decision Date |
Jul 31, 2019 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused bail to Alamgir Khan, who was accused of siphoning natural gas to generate unauthorized electricity for distribution to numerous consumers. The court found that the evidence, including corroborating statements from state functionaries and the apparatus seized at the site, constituted reasonable grounds for framing charges against the petitioner. Given the nature of the charges under Section 462-C of the Pakistan Penal Code, which carries a potential punishment of up to ten years' rigorous imprisonment, the court upheld the lower courts' decisions regarding bail refusal. The court emphasized that the position taken by the petitioner's counsel required a thorough analysis of evidence, which was not suitable for a preliminary assessment. |
| Summary |
In the case of Alamgir Khan versus The State, the Supreme Court of Pakistan dealt with a significant matter concerning the unauthorized siphoning of natural gas for electricity generation. The court's ruling underscored the importance of evidentiary standards in criminal procedure, particularly regarding bail applications. The decision highlighted that the presence of physical evidence and witness testimonies provided sufficient grounds for the charges under both the Criminal Procedure Code and the Pakistan Penal Code. This case is pivotal in understanding the judicial process surrounding criminal accusations of energy theft and the implications of such actions under the law. The court's firm stance on bail refusal reflects the seriousness with which it treats offenses involving public resources and safety. Legal practitioners should note the court's reasoning as a precedent in similar cases involving unauthorized utility theft and the standards required for bail eligibility. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. AZMAT SAEED, ACJ,
IJAZ UL AHSAN, JUSTICE,
QAZI MUHAMMAD AMIN AHMED, JUSTICE
|
| Lawyers |
Salahuddin Malik, Advocate Supreme Court,
M.A. Sheikh, Advocate-on-Record,
Zahid Yousaf Qureshi, Additional A.G., Khyber Pakhtunkhwa
|
| Petitioners |
Alamgir Khan
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2019 SLD 1899,
2019 SCMR 1457
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
462C
|