Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 406/420/119

Criminal Procedure Code (V of 1898)----   ----S. 497---Penal Code (XLV of 1860), Ss.406/420/119---Bail, grant of---Accused admittedly was owner of Tractor Trolly in question and had in his possession original documents in respect thereof---Whether accused had sold said Tractor Trolly to and had received some amount as earnest money from the complainant and had handed over Tractor Trolly to him, were questions which were yet to be decided after thorough investigation by the Police---Prima facie it seemed that complainant in connivance with the Police had converted civil dispute into criminal offence---Accused being not involved in the case falling under prohibitory clause of S.497, Cr.P.C. and having made out a case for grant of bail was allowed bail.   Ch. Khan Muhammad Bajwa for Petitioner.   Ms. Tasnim Amin for the State. ORDER Through this application under section 497, Cr.P.C. the petitioner seeks bail after arrest in case F.I.R. No.183 registered on 17-6-2001 on the application of Muhammad Aslam under sections 406/420/119, P.P.C. at Police Station Bahlak, District Faisalabad. 2. Brief facts of the case as stated by the complainant are that Muhammad Yasin and Idrees Shah petitioner deal in oil business. Idrees Shah was owner of Tractor Trolly bearing No.3953 M.N. Model 1984/85 which was purchased by the complainant on 7-2-2000 for consideration of Rupees 1,85,000. Out of which 1 lac. was paid on the same day and Rupees 85,000 was the balance amount which was to, be paid in instalments. Photostat copies of the registration book and other documents were handed over to the complainant by the petitioner. Punchiat was convened as Idrees petitioner was not .handing over the original documents to the complainant. In the Punchiat, the petitioner took a period of 1 month. In the meanwhile, the Tractor Trolly was taken into possession by Police Station Garh under section 550, Cr.P.C. Subsequently, it was taken on Superdari by the petitioner. According to the complainant, the petitioner is guilty of the offence and case be registered. 3. Learned counsel for the petitioner contends that the petitioner is owner of the tractor being in possession of the…

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