Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 420

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S.420---Interim pre-arrest bail, confirmation of---Matter was reported to police after a delay of more than 8-1/2 months---Accused had joined investigation ---Co-accused who had posed himself as owner in possession of disputed tractor received amount from complainant after executing a receipt had been granted post-arrest bail and both complainant and D.D.A. did not oppose grant of bail to co-¬accused---Case of accused wag at much lesser footing as compared to that of co-accused---Offence under S.420. P.P.C. was bailable while other offences did not attract prohibitory clause of S.497, Cr.P.C.---No useful purpose would be served if accused was sent to jail who was likely to be granted bail after a few days on principle of consistency as one of co¬-accused had already been granted bail while other stood acquitted--¬Interim pre-arrest bail already granted to accused was confirmed, in circumstances. Muhammad Ramzan v. Zafar Ullah and another 1986 SCMR 1380 ref. THIS ORDER PASSED BY: MUHAMMAD FARRUKH MAHMUD, JUSTICE:---.--- Munawar Hussain Shah, petitioner, has sought confirmation of his ad interim pre-arrest bail granted to him vide order, dated 2-7-2002, by this Court. 2. The brief facts as given in the F.I.R. are that Ranjha and Abdul Majeed Sial alongwith Munawar Hussain Shah (petitioner) brought a tractor at the show-room of the complainant and sold the same, for a consideration of Rs.1,90,000. Registration Book, open transfer letter and sale receipt executed by Ranjha was given to the complainant. After one month, the accused got the show-room of the complainant raided and the tractor was taken away from the complainant on the pretext that Ranjha accused had got a case registered vide F.I.R. No. 286 of 2000 at Police Station Ali Pur, District Muzaffargarh, to the effect that the aforementioned tractor was being kept by him on Superdari and the same was not in legal possession of Abdul Majeed. It was further stated in the F.I.R. that Ranjha and his co-accused obtained Rs.1,90,000 from the complainant through deceitful means with their common intention and conspiracy. Hence committed a…

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