Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 408

(a) Criminal Procedure Code (V of 1898)--- ----S.498---Penal Code (XLV of 1860), S.408---Criminal breach of trust by a clerk or servant---Pre-arrest bail, refusal of---No plea of mala fide on the part of complainant/police was asserted by the accused---Scope---Allegation against the petitioner was that he being an employee of a company, transferred an amount Rs.62,78,699/- to his own account which amount was refund of another company contended that the complainant/company had wrongly involved him in S.408, P.P.C., as alleged offence, at the most, attracted cheating (S.420, P.P.C.), which was a bailable offence---Record (documents/vouchers) established that the petitioner, being an employee of the complainant (company), had transferred the alleged amount at the relevant time, hence the ingredients of S.408, P.P.C., were applicable in the case---Concession of pre-arrest bail could not be allowed to an accused person unless the Court was satisfied with the seriousness of the accuseds assertion regarding his intended arrest being actuated by mala fide on the part of the police---Not a word about said crucial aspect of the matter was found as no mala fide was made on the part of the complainant to believe that the petitioner had been implicated in the case falsely---Only tentative assessment was to be made and deeper appreciation was not permissible at bail stage had also failed to bring his case for further inquiry as envisaged under S.497(2), Cr.P.C.---Ad-interim pre-arrest bail earlier granted to the petitioner was recalled---Bail was refused, in circumstances. Rana Abdul Khaliq v. The State and another 2019 SCMR 1129 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.498---Pre-arrest bail---Scope and principles---Grant of pre-arrest bail was an extra-ordinary remedy in criminal jurisdiction; it was a diversion of the usual course of law, arrest in cognizable cases; protection to the innocent being hounded on trump up charges through abuse of process of law, therefore, an applicant seeking judicial protection was required to reasonably demonstrate that intended arrest was calculated to humiliate him with taints of mala fide, it was not a substitute for…

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