Law:

Section:

Criminal Procedure Code, 1898 (V of 1898) --.-- --.-- S. 498 --.-- Pakistan Penal Code, (XLV of 1860), S. 406 --.-- Pre-arrest bail --.-- Confirmed --.-- Allegation of --.-- Fraud --.-- Petitioner is named in the FIR, and circumstances whether case against the petitioner to the extent of grant of relief prayed for is made out or not --.-- No specific date and time of occurrence has been mentioned in the crime report, crime report prima facie reflects that the dispute between the parties is of civil nature --.-- Prima facie provisions of offence under Sections 405, PPC are not attracted in the instant case and application of provision of offence u/S. 406, PPC, would be resolved by the trial Court after recording of prosecution evidence --.-- Offence alleged against the petitioner does not attract the prohibition contained in Section 497(1), Cr.P.C. --.-- Held: It is a settled principle of law that the Court can even look into and evaluate the mala fides from the facts and circumstances of the case, which apparently is oozing in this case from the fads and circumstances --.-- Court while deciding the pre-arrest bail can touch upon the merits of the case --.-- Culpability of the petitioner would be determined by the trial Court during trial after recording of prosecution evidence --.-- Bail was confirmed. 2011 PSC (Crl.) 883, PLJ 2012 Cr.C. (Lahore) 128, PLD 1998 SC 97, 2005 SCMR 784 and PLD 1989 Supreme Court 347 ref. ORDER Apprehending his arrest at the hands of police, through the instant petition, the petitioner seeks his pre-arrest hail in case FIR No. 16, dated 07.01.2017, offence under Section 406, PPC, registered with Police Station, B-Division, Kasur. 2. Prosecution story, in brief, as per contents of the crime report is that the petitioner purchased embroidery material from the complainant on different occasions to the tune of Rs.10,07,578/-. When the complainant demanded the said amount, the petitioner stated that the amount in question is lying with him as 'Amanat', but subsequently he refused to pay the same. 3. Learned counsel for the petitioner contends that the petitioner is innocent and has falsely been roped in the instant case by the complainant…

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