Shahbaz Khan vs The State
This matter arises from a petition filed by Shahbaz Khan seeking post-arrest bail in case FIR No. 199 registered under section 406 of the Pakistan Penal Code 1860 at Police Station Chenab Nagar, District Jhang, concerning the alleged criminal breach of trust regarding two buffaloes given to him on superdari which he failed to produce. The core legal question is whether the petitioner is entitled to post-arrest bail when he claims the buffaloes were stolen and has lodged a separate theft FIR, and whether his case falls within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The Lahore High Court held that since there was nothing on record to show that the petitioner's theft FIR was bogus or cooked up as a pretext, the case called for further inquiry into his guilt. Consequently, the petition was allowed and the petitioner was admitted to post-arrest bail. The key principle laid down is that where an accused offers a plausible explanation supported by a registered criminal case regarding the disappearance of property entrusted to him, and the prosecution fails to establish that such explanation is false at the bail stage, the case warrants further inquiry under the criminal procedure law, entitling the accused to bail.
- Whether an accused is entitled to post-arrest bail under section 406 of the Pakistan Penal Code 1860 when entrusted property is allegedly stolen and a separate theft FIR has been registered?
- Does the failure to produce property given on superdari necessarily disallow the grant of bail when a plausible explanation of theft is advanced?
- When does a criminal case call for further inquiry into the guilt of an accused for the purpose of bail?
- Section 406, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
ORDER
ASIF SAEED KHAN KHOSA, J.- Through this petition Shahbaz Khan petitioner has sought post-arrest bail in case FIR No. 199 registered at Police Station Chenab Nagar, District Jhang on 09.06.2004 for an offence under section 406, PPC.
2. The allegation against the petitioner is that two buffaloes given on Superdari to him had not been produced by him before the concerned authorities and, thus, he had committed criminal breach of trust. As against that the petitioner maintains that the said buffaloes had been stolen from his custody and in respect of that theft he has already lodged FIR No. 295 registered at Police Station Sadar Chiniot, District Jhang on 19.05.2004 for an offence under section 380, PPC. The investigating officer of the above- mentioned FIR No. 295 has appeared before this Court along with the record of investigation of that case and he has informed the Court that so far no progress has been made in the investigation of that criminal case as the culprit involved in that case is a fugitive from law. Be that as it may, there is nothing available on the record of investigation of that criminal case to indicate that the said criminal case was bogus and fa|se and that the same had been cooked up by the petitioner as a pretext or not producing the relevant buffaloes before the concerned authorities, ln this view of the matter the present case against the petitioner calls for further inquiry into his guilt. This petition is, therefore, allowed and petitioner is admitted to bail subject to furnishing bail in . The sum of ((page blur)) 1,000/- (Rupees fifty thousand only) with one surety in amount to the satisfaction of the learned Trial Court.