Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 406,415,420

(a)    Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), S. 406---Criminal breach of trust---Bail, grant of---Allegations against the petitioner-accused were that he purchased stainless steel sheets from complainant on different occasions as a trust and stated that said goods were lying with him as trust and he would return the said goods after some time, or price of the same, but failed to do so---In the case in hand accused/petitioner allegedly purchased goods as business dealer from complainant and others, who were doing the said business and nothing was entrusted to him---If petitioner/accused failed to make payment to complainant and others, that might give rise only to civil liability---Mere mention of the words "that goods purchased by accused/petitioner were lying as trust with him" in the FIR was not sufficient to change the character of transaction---Even if it was presumed that petitioner purchased goods from said persons as a result of some mis-representation/deception/dishonest inducement, or playing mischief, at the most ingredients of offence of cheating elaborated in S.415 of P.P.C would be attracted, for which penalty had been provided under S.420,P.P.C., which was although of imprisonment extending upto seven years, but was shown to be bailable in the second schedule appended with Cr.P.C---Hence, the petitioner had succeeded in making a good case for his enlargement on bail---Petitioner was behind the bars ever since his arrest on 25.01.2025---Person of petitioner was no more required, therefore, bail petition was allowed, in circumstances.(b)    Criminal Procedure Code (V of 1898)-------S. 497---Bail orders---Observations of the Court---Scope---Any observation made in the bail order are tentative in nature and shall not influence the Trial Court in any manner.ORDERTANVEER AHMAD SHEIKH, J.---The petitioner (Majid Ali), being arrayed as an accused in case FIR No. 2848 of 2024, dated 27.10.2024 registered with Police Station Misri Shah, District Lahore for offence under Section 406 P.P.C, seeks his post arrest bail, after the same was refused by the court of learned Additional…