Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 406

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860 ), S. 406---Criminal breach of trust---Ad-interim pre-arrest bail, confirmation of---Trust (Amanat)---Scope--- Detail of money allegedly entrusted was not mentioned in the FIR---Effect---Complainant, who had friendly relations with the petitioner, allegedly handed over Rs. 900,000/- to him (petitioner) as trust---Petitioner/accused contended that ingredients of criminal breach of trust were not attracted---Complainant contended that his amount was yet to be recovered from the petitioner---Held, question was when there were so many Banks in the city, then why the complainant handed over the Rs. 900,000/- to the petitioner for keeping the said amount as trust with him---Word 'amanat' (trust) had malafidely been mentioned by the complainant in the FIR, prima facie, in order to make the same a cognizable offence punishable under S.406, P.P.C.---Mere mentioning the word 'amanat'(trust), in the contents of FIR would not attract the provisions of S.405, P.P.C., punishable under S.406, P.P.C., when otherwise ingredients of the said offence were not attracted from the contents of FIR---No specific denomination, identification, marks or number of the currency notes, which were handed over by the complainant to the petitioner, had been mentioned in the FIR, therefore, bail petition could not be dismissed merely on the ground of possible recovery of the amount of the complainant from the petitioner---Possibility of mala fide involvement of the petitioner in the present case by the complainant due to money dispute, could not be ruled out at bail stage---Ad-interim pre-arrest bail already granted to the petitioner was confirmed, in circumstances. Miraj Khan v. Gul Ahmed and 3 others 2000 SCMR 122 and Shahid Imran v. The State and others 2011 SCMR 1614 ref. THIS ORDER PASSED BY: MALIK SHAHZAD AHMAD KHAN, J.--- The petitioner Muhammad Imran through the instant petition seeks pre-arrest bail in case FIR No. 551 dated 18.05.2018 registered at Police Station Ichra District Lahore offence under Section 406 of P.P.C. 2. Arguments heard. Record perused. 3. As per brief allegations leveled in the FIR, the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492