Law: Pakistan Penal Code (PPC),1860

Section: 406

ORDER SHEET. Through the instant bail petition, the petitioner is seeking pre arrest bail in FIR No. 259 dated 22.03.2022 under Section 406 PPC at P.S. Sihala, Islamabad. According to the allegations set-forth in the FIR, the complainant namely Mst. Kalsoom Akhtar had invested an amount of Rs. 4600,000/- in the business with the petitioner; that by the said amount, the latter purchased a house in the year 2017 and subsequently sold it in 2018 but did not pay the amount to the complainant; that on her demand and due to intervention of notables, petitioner got executed an affidavit wherein he acknowledged the claim of the complainant and its receipt as a trust and return of the same within one year. According to the complainant, the petitioner usurped her hard-earned money and committed criminal breach of trust.   The learned counsel contended that the petitioner has falsely been implicated in the instant case as no such agreement was ever executed between the complainant and the petitioner; that bare perusal of the agreement reveals that it is civil dispute between the parties; that the complainant in order to exert pressure upon the petitioner, got registered the subject FIR in connivance with the local police; that even otherwise the offence does not fall within the ambit of prohibitory clause of Section 497 Cr.P.C; that the petitioner has already joined the investigation and no more required for further probe; that incarceration of the petitioner would serve no purpose as the alleged document is already in the possession of police and that nothing is to be recovered from his possession, therefore, petitioner is entitled to the concession of pre-arrest bail. Reliance is placed upon case law reported as 2022 MLD 444, 2017 P Cr. LJ 133 (Islamabad), 2020 P Cr. LJ 1661 and PLD 2021 SC 708 & 733.    Learned counsel for the respondent assisted by learned State Counsel opposed the bail petition by contending that the petitioner has defrauded the complainant and as such not entitled to  extra ordinary relief; that recovery of original stamp paper is yet to be effected; that case of the complainant falls under illustration-C of section 406 PPC…