Law:

Section:

(a) 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---Female accused---Investigation based on special oath (Nian)---Pending civil litigation between parties---Mala fide of complainant---Effect---Allegation against accused was that she took an amount from the complainant and committed criminal breach of trust---No specific date and time of alleged occurrence had been mentioned in the F.I.R.---Offence alleged did not fall within the prohibitory clause of S. 497(1), Cr.P.C.---Accused was found innocent in two successive investigations, but subsequently she was found guilty during third investigation, which was carried out on basis of special oath (Nian), which was not permissible under law---Civil litigation was also pending between the parties---Accused was teaching in a college as a lecturer, and as such was a law-abiding citizen, thus disallowing pre-arrest bail to her would certainly cause damage to her repute---Mala fide of accused was oozing from the facts of the case---Ad interim pre-arrest bail already granted to accused was confirmed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Bail---Evaluation of evidence---Mala fides---Court could look into and evaluate mala fides from facts and circumstances of the case. Ajmal Khan v. Liaqat Hayat and another PLD 1998 SC 97 and Syed Muhammad Firdaus and others v. The State 2005 SCMR 784 rel. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Apprehending her arrest at the hands of police, through the instant petition, the petitioner seeks her pre-arrest bail in case F.I.R. No.577, dated 18-5-2011, offence under section 406, P.P.C., registered with Police Station, Civil Lines, Gujranwala. 2. Allegation against the petitioner, in brief, as per contents of the crime report is that she along with her co-accused while committing criminal breach of trust grabbed an amount of Rs.8,25,000 from the complainant under the pretext of commencing joint Cement Agency. 3. Learned counsel for the petitioner contends that the petitioner is innocent and has falsely been roped in the instant case by…

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