Law: Pakistan Penal Code (PPC),1860

Section: 420, 468

Summary The petitioner sought pre-arrest bail in an FIR registered under Sections 420, 468, and 471 PPC, alleging that he fraudulently agreed to sell a commercial plot, accepted Rs. 1,000,000 as earnest money, and misrepresented ownership of the property. The Court observed that the FIR was lodged more than six months after the alleged transaction, creating doubt about the prosecution's case. The police investigation also revealed that the earnest money was received by a co-accused, not the petitioner, and the receipt did not bear the petitioner's signatures. Moreover, the investigation found that the petitioner was in fact the owner of the plot, and there was evidence that the co-accused had attempted to refund the earnest money to the complainant. The Court held that these circumstances raised further inquiry and suggested possible mala fide on the complainant's part. Since Sections 420 and 471 PPC are bailable, and Section 468 PPC, though non-bailable, does not fall within the prohibitory clause of Section 497 Cr.P.C., bail should ordinarily be granted. Final Decision The pre-arrest bail was confirmed, subject to the petitioner furnishing fresh bail bonds of Rs. 50,000 with one surety. The Court clarified that its observations were tentative and would not affect the trial on merits.         ORDER SHEET                                                    Through the instant Criminal Misc. petitioner- accused (Nematullah) prays for pre-arrest bail in FIR No. 341, dated 10.03.2022, Under Section 420, 468 & 471 PPC, registered at Police Station Tarnol, Islamabad. 2-  According to the allegations set-forth in the FIR, on 12.07.2021, complainant struck a deal for the purchase of commercial plot, located in Faisal Town, Islamabad, through property dealer Farhan with the petitioner for consideration of Rs. 62,500,000/-, paid Rs.10,00,000/ as earnest money while  as per writing,…