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| 2025 SLG 3012 2025 SLD 3012 = 2025 SHC 1834 |
Criminal Bail Application No.336 of 2025
Tasneem Sultana, J
Complainant : Muhammad Imran, through Mr. Kamran Ali, Advocate.
Applicant : Oaun Yazdani Mughal, through Syed Israr Ali Shah, Advocate. Respondent : The State through Mr. Muhammad Mohsin Mangi A.P.G, Sindh along with DSP Shoukatullah Marwat, PI Muhammad Amin, I,O, of the case & PI Hussain Chandio, on behalf of Iegal Incharge SSP Investigation, South Zone, Karachi.
Law: Pakistan Penal Code, 1860
Section: 406,34
Law: Code of Criminal Procedure, 1898
Section: 497(1)
Summary:
Oaun Yazdani Mughal sought pre-arrest bail in a case under Sections 406 and 34 of the Pakistan Penal Code (PPC), registered due to allegations of criminal breach of trust involving gold ornaments given for sale. The FIR registration was delayed over two months without explanation. The complainant's son gave gold ornaments to the applicant under assurance for sale, but the applicant sold them at drastically lower prices and returned less money, later allegedly threatening the complainant's family. The applicant denied involvement, contending false implication and that others sold the gold. The bail application was initially declined by the trial court but later confirmed by the High Court. The court noted the delay in FIR lodgment as suspicious, considered the allegations as requiring further trial examination of whether criminal breach of trust under Section 406 PPC applies, and found the applicant was regularly attending court with no misuse of bail. The offense under Section 406 is punishable for up to seven years but does not fall under the prohibitory clause of Section 497(1) Cr.P.C., thus bail is generally granted as a rule.
Core Points:
Delay of over two months in lodging FIR without explanation weakens prosecution.
The son of complainant gave gold ornaments to applicant for sale or valuation; applicant allegedly misappropriated them.