Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 420

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail, grant of---Scope and purpose---Grant of pre-arrest bail in a cognizable criminal case was an extraordinary remedy, cautiously granted to protect dignity and honour of a citizen, manifestly found being harassed or hounded through process of law actuated by motives, oblique and sinister, while taking into account the possible set back, likely to be endured by the prosecution during investigative process. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S. 420---Cheating and dishonestly inducing delivery of property---Ad-interim bail, confirmation of---Agreement to sell, executed between the complainant and a minor son of accused dated 25-09-2018 was on the record, however, the same was not mentioned in the crime report, which was lodged as late as in January 2020---Numerous receipts reflecting multiple transactions between the parties required attention by the Investigating Officer---Similarly a suit by the complainant against the accused with a claim of Rs. 97,26,000/- instituted in the year 2019 also required explanation---Through four different banking transactions in the years 2018 and 2019, the accused channeled different amounts in complainants bank account, which unmistakably suggested a lot more than what met the eye---Plea of accused and co-accused that a civil dispute, admittedly settled earlier, was being converted into criminal prosecution to cast its rigors on them and as such mala fide was lurking behind the intended arrest was not beside the mark---Petitions for leave to appeal were converted into appeal and allowed, and ad-interim bail already granted to the accused and co-accused was confirmed. ORDER QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- In a series of events that occurred between January 2015 to September 2019, Syed Ahsan Ali Raza Shamsi alleges to have been deprived of a colossal amount of rupees 20 million, grabbed by Muhammad Zahid alias Sain Sarkar, petitioner, transacted through banking channel as well as vehicles valuing rupees 40 million; he also blamed Ali Raza Mashahadi alias Madhu Lal to have received a sum of Rs.300,000/-,…

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