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Criminal Bail Application No.1081 of 2014, decided on 17th July, 2014.

----Ss. 497 & 403---Penal Code (XLV of 1860), Ss.379 & 34---Constitution of Pakistan, Arts.10 & 13---Punishment for theft, acts done by several persons in furtherance of common intention---Bail, grant of---Registration of two F.I.Rs.---Protection against double punishment---No one was nominated in the first F.I.R. and alleged theft was in respect of pipes and not in respect of Sui Gas---Sufficient evidence was not available against accused who could not be kept in custody on the basis of technicalities---Second F.I.R. was reproduction of contents of the first one---Courts were guardian of the liberty of people---No specific allegations were made in any of the F.I.Rs.---Accused was admitted to bail in both F.I.Rs. Arbab Ahmed for Applicant. Ashfaq Rafiq Janjua, Standing Counsel.

Through this application, applicant has sought bail in crime No. 62 of 2014, under section 379/34, P.P.C. of Police Station Steel Town. Learned counsel submits that in this F.I.R applicant/accused has not been nominated rather there is no specific allegation regarding theft of Sui Gas. Learned counsel further says that, in such situation the matter was under the jurisdiction of ordinary Police Station. Learned counsel further says that, learned Magistrate passed an order dated 29-3-2014 and directed the police to transfer the papers through proper channel to FIA authorities immediately for conducting further investiga-tion. Learned counsel further says that, nowhere in the order it was mentioned that the accused be implicated in this case. However, FIA has lodged another F.I.R bearing crime No: 11 of 2014 registered at Police Station F.I.A, CCC, Karachi. Learned counsel further says that, in view of the above facts in fact the applicant is under wrongful confinement. Per learned counsel the subsequent F.I.R mentioned above is hit by Article 13 of the Constitution and also by section 403 of Cr.P.C. Learned Standing Counsel states that, under the directions of learned Magistrate, the F.I.A. authorities have lodged F.I.R. No.11 of 2014. I.O. of F.I.A., CCC, Karachi is also present and says that, he has been handed over the case papers recently and he is yet to conduct the investigation and fix the liability. Learned standing counsel states that contention of the learned counsel for the applicant/accused relating to Article 13 of the Constitution and section 403, Cr.P.C. has no relevancy as no challan has been filed till date. Learned standing counsel also states that proper remedy has not been availed by the learned counsel for the applicant/ accused. It is evident that accused was arrested in crime No 62 of 2014, in the said F.I.R., no one has been nominated and theft as alleged is in respect of pipes and not in respect of Sui gas. The record available shows that in view of the order of learned Magistrate, the papers were transferred to FIA but it has not been observed that what remains the fate of F.I.R No. 62 of 2014. In view of the statement made by the I.O. present in Court, it is yet to be determined that whether any offence has been committed by the present applicant/accused or not. So far the contention of learned Standing Counsel regarding proper remedy is concerned, in the present facts and circumstances of the case no sufficient evidence is available on record against the applicant, as such he cannot be kept in custody on technicalities. In the F.I.R No.11 of 2014 the contents of F.I.R. No. 62/2014 have been reproduced. Learned Standing Counsel states that they have intimated the jail authorities about the registration of F.I.R No. 11/2014 against the present applicant/accused. FIA officials cannot be allowed to play with the liberties of the people and, thereafter, raise the point of propriety on part of the person who is behind the bar without any evidence available with F.I.A. Courts are the guardian of the rights of the people particularly when the same pertains to the liberty. Now in view of Article 10-A of the Constitution, every citizen is to be dealt in accordance with law and is entitled to the due process of law for his/her rights. The Courts below while authorizing the custody of any person must see that liberty of the people are curtailed only in accordance with law. The detailed hearing of the matter could have taken place under section 561-A, Cr.P.C. but, pendency of such proceedings would further have adverse effects on the liberty of the applicant, therefore, presently the bail plea is being taken into consideration. There is no specific allegation against the applicant in both the F.I.Rs., and no material is available with the I.O. present in Court of involvement of the applicant in the offence alleged, therefore, I am inclined to admit the applicant/accused on bail subject to furnishing surety in the sum of Rs.10,000 (Ten thousand) and P.R. bond in the like amount to the satisfaction of Nazir of this Court. The applicant/accused is being admitted on bail through this order in Crime No 62/2014 Police Station Steel Town and also in Crime No. 11/2014 of Police Station FIA, CCC, Karachi, but only one surety will be taken. I.O. present in Court is directed to complete the investigation within fifteen (15) days and submit his report before the concerned Court. This Criminal Bail application No. 1081/2014 stands disposed of. Learned counsel for the applicant/accused is at liberty to file appropriate proceedings if he is aggrieved of any order, passed by learned Judicial Magistrate. ARK/Q-4/Sindh Bail granted.

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