Law: Criminal Procedure Code (V of 1898)

Section: 498,497(2)

Law: Penal Code (XLV of 1860)

Section: 406

(a)    Criminal Procedure Code (V of 1898)--- ----S.498---Penal Code (XLV of 1860), S.406---Ad-interim pre-arrest bail, confirmation of----Criminal breach of trust---Inordinate delay in lodging of FIR---Dispute between the parties to be determined by Trial Court---In a prearrest bail, only a tentative assessment of the evidentiary material produced before the Court is to be made at bail stage---Based on a tentative assessment of the record, it evinced that there was an inordinate delay in lodging of FIR--Such delay shattered the sanctity of the crime report and reflected that the same was consumed in fabricating, deliberating, consulting and concocting a false story---The question of constituting the offence of criminal breach of trust under S.406, P.P.C, in the light of the dispute, would be determined by the Trial Court after recording the evidence---Ad-interim pre-arrest bail already granted to the petitioner was confirmed---Bail petition was allowed, in circumstances. Aamir Bashir and another v. The State and others 2017 SCMR 2060; Khalid Javed Gillan v. The State PLD 1978 SC 256; Jamaluddin and another v. The State 2023 SCMR 1243; Khair Muhammad and another v. The State through P.G. Punjab and another 2021 SCMR 130; Abdul Ghafoor Gondal v. The State 2020 SCMR 861 and Syed Darbar Ali Shah and others v. The State 2015 SCMR 879 ref. (b)    Criminal Procedure Code (V of 1898)--- ----Ss.498 & 497(2)---Penal Code (XLV of 1860), S.406---Ad-interim pre-arrest bail, confirmation of---Criminal breach of trust---Pre-requisites, missing of--Pre-arrest bail stage---Merits of case, touching upon---Ex-facie from the contents of the FIR it was revealed that the matter pertained to business transaction and the elements of entrustment as well as misappropriation being pre-requisites for attraction of S.406, P.P.C, were missing in the present case--Although, it was a pre-arrest bail application and merits for grant of bail before arrest and after arrest are altogether different but while granting pre-arrest bail even the merits of the case can be touched upon---Thus, sending the petitioner behind bars would cause irreparable loss to his…