Law: Pakistan Penal Code (PPC),1860

Section: 409, 420, 109

Law: Code of Criminal Procedure, 1898

Section: 497(2)

Summary Muhammad Akhtar and Muhammad Ansar sought post-arrest bail in FIR No.12/26 registered under Sections 409, 420 and 109 PPC at Police Station FIA, D.G. Khan, alleging that they received money/commission from beneficiaries of the Ehsaas Kafalat (BISP) Scheme, retained their CNICs, and used an HBL Konnect biometric device and mobile phone for the transactions. The Court observed that the FIR did not allege that the petitioners were entrusted with the beneficiaries’ money and thereafter dishonestly misappropriated it, which is essential to attract criminal breach of trust under Section 409 PPC. Rather, the allegation was that they retained Rs.1,000/- as commission from the amounts paid to beneficiaries, which prima facie made the matter one of cheating under Section 420 PPC, a bailable offence under the Second Schedule to Cr.P.C. The Court therefore found that the addition of Section 409 PPC required further examination. Since the relevant documentary evidence was already with the prosecution, there was no apparent possibility of tampering, and there was no allegation that the petitioners would abscond or influence witnesses, their continued incarceration served no useful purpose. The case accordingly fell within further inquiry under Section 497(2) Cr.P.C., and the petitioners were granted post-arrest bail. Tagline Where there is no entrustment and dishonest misappropriation of money, an allegation of retaining commission from BISP beneficiaries may constitute cheating rather than criminal breach of trust under Section 409 PPC, warranting further inquiry and bail. ORDER; Through instant petition, the petitioners, namely Muhammad Akhtar and Muhammad Ansar, seek post-arrest bail in FIR No. 12/26 dated 04.07.2026, registered under Sections 409, 420, and 109 PPC at Police Station FIA, District D.G. Khan. The allegations against the petitioners, namely Muhammad Akhtar and Muhammad Ansar (petitioners), in the FIR and from the evidentiary material collected during the course of the investigation produced before the Court, are that they both were involved in receiving various amounts from the beneficiaries of the Ehsaas Kafalat Program (BISP Scheme) for the…