Law: Code of Criminal Procedure, 1898

Section: 497

Law: Pakistan Penal Code (PPC),1860

Section: 406

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860 (XLV of 1860), S. 406--Agreement for mortgage--Word Amanat (trust)--Civil nature--Pre-arrest bail--FIR is quashed--An amount of Rs. 700,000/- was statedly paid by complainant to petitioner and owner of property--A written agreement for mortgage of property was also executed in this respect between parties--Petitioner was a property dealer, who introduced complainant to above-mentioned owner of house--Amount in question was given in a property deal and at most it was a case of civil nature regarding specific performance--Proper forum for decision of dispute of parties is civil court--Merely mentioning word Amanat (trust) in FIR, if same are not otherwise attracted in a case--It was a case of civil nature regarding recovery of cash amount--Petitioner seeks pre-arrest bail but after perusal of record, we are of view that no criminal offence is made out against accused, therefore, there is no bar to convert instant petition into a petition for Quashment of FIR--While exercising powers under Article 187 of Constitution of Islamic Republic of Pakistan, 1973, this petition is converted into an appeal and allowed in manner that FIR is hereby quashed. [Pp. 230, 231, 232 & 233] A, B, C, D, E, F, G 2000 SCMR 122; 1987 SCMR 795; 2006 P.Cr.LJ 1900; 1977 P.Cr.LJ 52; 2014 P.Cr.LJ 1305; 2011 SCMR 863 ref. Mr. Muhammad Nawaz Shah, ASC for Petitioner (via video link from Lahore). Mirza Abid Majeed, Addl. P.O. Punjab for State. Assisted by Mr. Ghulam Muhammad Adnan, Law Clerk. Date of hearing: 28.1.2026. Judgment Malik Shahzad Ahmad Khan J.--Through the instant petition, Liaqat Ali, petitioner, has assailed the order dated 06.01.2026 passed by the learned Lahore High Court, Lahore, with the prayer to set aside the said order and grant pre-arrest bail to him in case registered vide FIR No. 3299 dated 17.10.2025 under Section 406, PPC at Police Station Islampura, District Lahore. 2.       Arguments heard. Record perused. 3.       As per brief allegations levelled in the FIR, on 17.07.2025, the petitioner being a property dealer, showed a…