S. 406--Pre-arrest bail, grant of--Allegation of--Accused persons demand an amount from complainant and promise to return amount, was promise--

 PLJ 2023 Cr.C. (Note) 65

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

----S. 498--Pakistan Penal Code, (XLV of 1860), S. 406--Pre-arrest bail, grant of--Allegation of--Accused persons demand an amount from complainant and promise to return amount, was promise--An amount of 2 lac was transferred by complainant in petitioners bank account--Amount was given by complainant to accused persons including petitioner as loan, as such dispute between parties appears to be of civil nature--Ingredients of criminal breach of trust as described in Section 405 of, PPC ex facie are not attracted to facts of case in hand--In such backdrop mala fide on part of complainant for false implication by converting dispute of civil nature into criminal one cannot be ruled out--Petition is allowed.                                                                         

                                                                                             [Para 3] A

Mehar Shahid, Advocate vice-counsel with Petitioner.

Mr. Muhammad Ali Shahab, DPG for State.

Malik Badar Munir Bukhari, Advocate for Complainant.

Date of hearing: 21.9.2022.

 PLJ 2023 Cr.C. (Note) 65
[Lahore High Court, Multan Bench]
Present: Shakil Ahmed, J.
UMAR AZIZ--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 5793-B of 2022, decided on 21.9.2022.

Order

After dismissal, of his pre-arrest bail petition by learned Additional Sessions Judge, Lodhran vide order dated 01.09.2022, petitioner Umar Aziz has filed this petition seeking pre-arrest bail in case FIR No. 570 of 2022 dated 19.07.2022 registered at Police Station Saddar Lodhran for the offence under Section 406, PPC.

2. Heard and perused the record.

3. As per contents of FIR, petitioner along with co-accused Mujeeb-ur-Rehman, Muhammad Arshad and Wajahat Hussain went to complainant on 25.09.2020 at 04:00 p.m. and asked for an amount of Rs. 12,00,000/-as trust in order to purchase material for their grocery shop with the promise that they will return amount after six months, whereupon an amount of Rs. 10,00,000/-was given by complainant to said accused persons in cash and subsequently on 05.01.2021 an amount of Rs. 2,00,000/-was transferred by complainant in petitioner’s bank account. Bare reading of the contents of FIR suggests that the amount was given by complainant to accused persons including the petitioner as loan, as such dispute between the parties appears to be of civil nature. Ingredients of criminal breach of trust as described in Section 405 of PPC ex facie are not attracted to the facts of case in hand. In such backdrop mala fide on the part of complainant for false implication by converting the dispute of civil nature into criminal one cannot be ruled out. Therefore, petition in hand is allowed and ad-interim pre-arrest bail already granted to the petitioner by this Court is confirmed subject to his furnishing of fresh bail bonds in the sum of Rs. 50,000/-with one surety in the like amount to the satisfaction of learned trial Court.

(A.A.K.)          Bail allowed