PLJ 2024 Cr.C. (Note) 86
[Lahore High Court, Multan Bench]
Present: Muhammad Waheed Khan, J.
Hafiz ABDUL AHAD--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 8569-B of 2021, decided on 17.01.2022.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Pakistan Penal Code, (XLV of 1860), S. 406--Pre-arrest bail, dismissal of--Allegation of--Criminal breach of trust--The petitioner is named in FIR with accusation of misappropriating vehicle, which was entrusted to him by complainant--During course of investigation, he was found fully involved in alleged crime and recovery of said vehicle is yet to be effected from him--The crux of arguments of counsel for petitioner is that on 04.02.2021, when above said vehicle was allegedly entrusted to petitioner, same was laying with bank and in this regard he has referred an order passed by Judge Banking Court, Multan, which is annexed with this petition, wherein same was ordered to be handed over to petitioner subject to deposit of surety bond of Rs. 20,00,000/- but Law Officer on information imparted by Investigating Officer present in Court submits that in fact date i.e. 04.02.2021 has wrongly been mentioned in FIR and in fact vehicle was entrusted to petitioner by complainant as in this regard, petitioner has made a statement before Investigating Officer and date was corrected vide case diary--Even otherwise, nothing is available on record, which could prove that instant FIR has ben actuated against petitioner with mala fide intention or ulterior motive on part of complainant or police--Bail dismissed. [Para 4] A
Mr. Athar Aziz, Advocate for Petitioner.
Mr. Muhammad Faheem Sial, Assistant District Public Prosecutor for State.
Malik Aftab Abbas Khan, Advocate for Complainant.
Date of hearing: 17.1.2022.
Order
Apprehending arrest at the hands of local police, petitioner, Hafiz Abdul Ahad seeks pre-arrest bail in case FIR No. 129 dated 21.04.2021, registered under Section 406, PPC at Police Station Khanewal Kohna.
2. One FaizanWaheed S/o Abdul Waheed allegedly entrusted his car (Honda Civic Bearing Registration No. ACJ-772) to the petitioner on 04.02.2021, who did not return the same, resultantly, he was booked in the instant crime report with the allegation of offence of Criminal breach of trust, hence, this case.
3. Pro and contra arguments have been heard. Record perused.
4. The petitioner is named in the FIR with the accusation of misappropriating the vehicle, which was entrusted to him by the complainant. During the course of investigation, he was found fully involved in the alleged crime and the recovery of said vehicle is yet to be effected from him. The crux of arguments of learned counsel for the petitioner is that on 04.02.2021, when the above said vehicle was allegedly entrusted to the petitioner, the same was laying with the bank and in this regard he has referred an order dated 09.02.2021 passed by the learned Judge Banking Court, Multan, which is annexed with this petition, wherein the same was ordered to be handed over to the petitioner subject to deposit of surety bond of Rs. 20,00,000/- but learned Law Officer on the information imparted by the Investigating Officer present in Court submits that in fact the date i.e. 04.02.2021 has wrongly been mentioned in the FIR and in fact the vehicle was entrusted to the petitioner by the complainant on 02.04.2021 as in this regard, the petitioner has made a statement before the Investigating Officer and the date was corrected vide case Diary No. 21 dated 17.11.2021. Even otherwise, nothing is available on record, which could prove that the instant FIR has been actuated against the petitioner with mala fide intention or ulterior motive on part of the complainant or the police.
5. For what has been discussed above, instant petition being devoid of any merit is hereby dismissed.
(A.A.K.) Bail dismissed
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