S. 406--Pre-arrest bail, confirmed---Misappropriating cash and gold ornaments----No specific date, time and place of alleged entrustment had been mentioned, FIR,............

 PLJ 2022 Cr.C. 67

Criminal Procedure Code, 1898 (V of 1898)--

----S. 498--Pakistan Penal Code, (XLV of 1860), S. 406--Pre-arrest bail, confirmed--Committed criminal breach of trust--Misappropriating cash and gold ornaments--No specific date, time and place of alleged entrustment had been mentioned, FIR, which has been lodged after an unexplained delay of about one year and nine months, prima facie, ingredients of Section 406, PPC are conspicuously missing as prima face there appears to be some dispute of civil in nature between parties, therefore, possibility of false involvement of petitioners with malice and ulterior motive of complainant cannot be ruled out, offence does not fall within prohibitory clause of Section 497, Cr.P.C., petitioners have joined investigation, as such sending the behind bars would serve no useful purpose, resultantly, instant bail petition is allowed and ad-interim pre-arrest bail already granted to petitioners is confirmed.        [P. 68] A

Syed Jaffar Tayyar, Advocate with Petitioners.

Mr. M. Abdul Wadood, Addl. Prosecutor General for state.

Mr. Abdul Rehman Zooq, Advocate for Complainant.

Date of hearing: 9.8.2021.

 PLJ 2022 Cr.C. 67
[Lahore High Court, Multan Bench]
Present: Anwaarul Haq Pannun, J.
MUHAMMAD AMJID and another--Petitioners
versus
STATE and another--Respondents
Crl. Misc. No. 5093-B of 2021, decided on 9.8.2021.

Order

The petitioners Muhammad Amjad and Mst. Parveen Bibi seek pre-arrest bail in case/FIR No. 260, dated 02.06.2021, offence under Sections 406, PPC, registered at Police Station Saddar Mian Channu, District Khanewal.

2. Precisely the allegation against the petitioners is that they alongwith their co-accused committed criminal breach of trust by misappropriating cash Rs. 16,00,000/-and gold ornaments weighing 12-tolas belonging to the complainant, which were given to them on different occasions on account of spiritual treatment of the complainant.

3. Arguments heard and record perused.

4. On bare perusal of the record, it reveals that no specific date, time and place of alleged entrustment had been mentioned, the FIR, which has been lodged after an unexplained delay of about one year and nine months, prima facie, the ingredients of Section 406, PPC are conspicuously missing as prima facie there appears to be some dispute of civil in nature between the parties, therefore, the possibility of false involvement of the petitioners with malice and ulterior motive of the complainant cannot be ruled out, the offence does not fall within the prohibitory clause of Section 497, Cr.P.C., The petitioners have joined the investigation, as such sending them behind the bars would serve no useful purpose, resultantly, the instant bail petition is allowed and ad-interim pre-arrest bail already granted to the petitioners vide order dated 16.07.2021 is confirmed, subject to their furnishing bail bonds in the sum of Rs. 1,00,000/- (Rupees one hundred thousand only)

each, with one surety each, in the like amount to the satisfaction of learned trial Court.

(A.A.K.)          Bail confirmed