Falak Sher vs The State
This matter concerns a petition for pre-arrest bail filed by the petitioner, Falak Sher, who was accused in an F.I.R. registered under Sections 406 and 420 of the Pakistan Penal Code 1860, involving an alleged breach of trust regarding a buffalo. The core legal question was whether the allegations against the petitioner constituted a criminal offence of breach of trust or merely a civil dispute, and whether the petitioner was entitled to the confirmation of pre-arrest bail. The Court held that the ingredients of criminal breach of trust, as defined under Section 405 of the Pakistan Penal Code 1860, were not prima facie established. The Court observed that the dispute appeared to be civil in nature and that the evidence linking the petitioner to the alleged crime was insufficient, relying heavily on contradictory statements regarding the possession of the animal. Consequently, the Court confirmed the ad-interim pre-arrest bail previously granted to the petitioner. The key principle laid down is that where the essential ingredients of a criminal offence, particularly breach of trust, are absent and the matter appears to be a civil dispute, criminal proceedings should not be sustained, warranting the grant of bail.
- Does a dispute primarily involving the recovery of property or its value constitute a criminal offence of breach of trust?
- Are the ingredients of Section 405 of the Pakistan Penal Code 1860 satisfied when the evidence linking the accused to the loss of property is based solely on hearsay or contradictory statements?
- Can pre-arrest bail be confirmed when the allegations prima facie indicate a civil dispute rather than a criminal offence?
- Section 406, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
- Section 405, Pakistan Penal Code 1860
ORDER IJAZ AHMAD CHAUDHRY; J. - The petitioner seeks pre-arrest bail in case F I R- No. 366 registered with Police Station Luddan, District Vehari on 9.6.2007 for an offence under Sections 406/420. P P C.
2. The facts of the case in brief are; , that on 13.1.2007, the complainant, handed over, his buffalo valuing Rs. 80,000/- to Ijaz Tajwana as Amaanat. The said buffalo remained with him for four months and thereafter he asked the complainant to take back his buffalo. He took back his buffalo.
And handed over the same to Falak Sher, the present petitioner on 16.5.2Q07 who left the same at the Dera of Muhammad Sharif. It is further alleged in the F.I.R. That on 20.5.2007 Falak Sher told the complainant on phone that buffalo ran away by breaking the rope. The complainant went to Sharif who promised to locate the buffalo within 2/3 days. Thereafter, said Sharif told that the buffalo has been taken by Falak Sher. The complainant approached the petitioner and a . Punchayat was convened in Mauza Magrana in which the petitioner admitted that he has sold the. Buffalo and offered to take the buffalo of Falak Sher .The complainant refused to take the buffalo of Falak Sher as it was of low value.
3. Learned counsel for the petitioner contends that a civil dispute has been converted into criminal offence. Further contends that according to the statement of the complainant under Section 161, Cr P C. The buffalo was kept at the dera of Sharif by the petitioner and Sharif had promised for the return of buffalo and subsequently told him that the buffalo had been taken by the petitioner Learned counsel further contends that p/woe facie the ingredients of breach of trust are missing in the present case.
4. Learned counsel for the complainant as well as learned counsel appearing on behalf of the State have opposed the bail application by arguing that the buffalo was given to Falak Sher and he was responsible for the lost of the same.
5. I have heard learned counsel for the parties and have also gone through the record. From perusal of the contents of F.I.R. Prima facie it reveals that a civil dispute seems to have been converted into criminal offence. It is also story of the complainant himself that the said buffalo had been kept at the dera of Sharif by the petitioner and said Sharif had promised with the complainant to return the same, but subsequently told him that the buffalo had been taken away by the petitioner. Except for the statement of the co-accused in this regard there is nothing on the record to prima facie cannot the petitioner with the commission of crime. Even otherwise, the ingredients of breach of trust as defined under Section 405, P.P.C. Are not made out in the present case. Hences, the ad-interim pre-arrest already granted to the petitioner is confirmed subject to his furnishing fresh bail bonds in the sum of Rupees 1,00,000/- with two sureties each in the like amount to the satisfaction of the learned Trial Court.