Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 406

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S. 406---Criminal breach of trust---Pre-arrest bail, grant of---Civil dispute---Scope---Accused sought pre-arrest bail in an FIR registered under S.406, P.P.C.---Allegation levelled in the FIR was that the complainant had paid certain amount to the accused and his co-accused persons as trust for the purpose of purchasing plots but the same was not returned---Held; the amount was paid as advance for purchasing plots and when the plots were not given to the complainant then the FIR was got registered, therefore, prima facie this was a civil transaction and not the case of ‘criminal breach of trust’ defined under S. 405, P.P.C. and punishable under S. 406, P.P.C.---Complainant after joining hands with the police had tried to convert a civil transaction into a criminal one through registration of the case, which fact itself reflected mala fide intention on the part of the prosecution---Reasonable grounds were not available on record to connect the accused with the commission of alleged offence---Insistence of Investigating Officer for arrest of the accused in the case showed mala fide intention on the part of the prosecution---Pre-arrest bail was allowed, in circumstances. Shahzada Qaisar Arfat alias Qaiser v. The State and another PLD 2021 SC 708 rel. ORDER FAROOQ HAIDER, JUSTICE:---.--- Shoaib Ali petitioner through this petition has sought pre-arrest bail in case arising out of FIR No.307/2020 dated 13.06.2020 registered under section 406, P.P.C. at Police Station: City Pattoki, District Kasur. 2. After hearing learned counsel for the parties, learned Deputy Prosecutor General and going through the record with their able assistance, it has been noticed that as per allegation levelled in the FIR the complainant paid Rs.16,00,000/- to the petitioner and his other co-accused persons as trust ( ) for the purpose of purchasing plots and when after sometime he inquired from accused persons about purchase of said plots and demanded his aforementioned amount back then accused persons refused to pay said amount. On Court’s query, learned Deputy Prosecutor General under instructions of Muhammad…

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