S . 497 ( 2 ) --Bail--PPC --- To attract the provisions of section 406 , P.P.C. , it was necessary to fulfil basic requirements of ' entrustment ' and ' misappropriation with ' mens rea ' --

 2022 SCMR 1223

S . 497 ( 2 ) --- Penal Code ( XLV of 1860 ) , S. 406 --- Constitution of Pakistan , Art . 185 ( 3 ) --- Criminal breach of trust --- Bail , grant of --- Further inquiry --- Pre - requisites for attracting section 406 , P.P.C. absent --- Complainant had given his vehicle to the co - accused , who operated a car showroom and rent a car business --- Co - accused alleged that the vehicle in question was given to the accused , who misappropriated the same and never returned it ---- Only material against the accused was the statement of the co - accused which was per se not admissible in evidence --- To attract the provisions of section 406 , P.P.C. , it was necessary to fulfil basic requirements of ' entrustment ' and ' misappropriation with ' mens rea ' --- Both said ingredients of section 406 , P.P.C. were totally absent in the present case --- Hence , there was no independent evidence or material against the accused which would directly involve him in the offence under section 406 , P.P.C .--- Further , no recovery had been made from him and the question of his guilt or innocence was a matter which required further inquiry at trial stage --- Offence alleged also did not fall within the prohibitory clause of section 497 , Cr.P.C .--- Petition for leave to appeal was converted into an appeal and allowed , and accused was admitted to bail .