NAVEED AHMAD vs STATE, etc.
The petitioner Naveed Ahmad sought pre-arrest bail in case FIR No. 1006 of 2011 registered under Section 489-F of the Pakistan Penal Code 1860 at Police Station Ghalib Market, Lahore. The core legal question concerned the entitlement of the accused to pre-arrest bail where the underlying dispute prima facie pertained to the rendition of accounts. The Lahore High Court accepted the petition and confirmed the ad interim pre-arrest bail already granted to the petitioner, subject to the condition that the petitioner deposit an amount of Rs. 600,000/- with the Deputy Registrar (Judicial) of the Court under protest. The Court laid down that where a criminal matter under Section 489-F of the Pakistan Penal Code 1860 involves a civil-faceted dispute regarding accounts, pre-arrest bail can be confirmed subject to depositing a substantial security amount in court pending the conclusion of the trial.
- Whether pre-arrest bail can be confirmed when the dispute between the parties prima facie relates to the rendition of accounts?
- Can the court condition the confirmation of pre-arrest bail upon the deposit of a monetary amount with the court's registry?
- Section 489-F, Pakistan Penal Code 1860
ORDER
Naveed Ahmed petitioner seeks pre-arrest bail in case FIR No, 1006/2011, dated 27.10.2011 under Section 489-F, PPC lodged at the instance of Muhammad Gulzar son of Muhammad Ramzan with Police Station Ghalib Market, Lahore.
2. At the very outset, learned counsel for the petitioner submits that as per contents of the FIR the dispute between the parties is that of rendition of accounts, therefore, he is ready to deposit Rs,600,000/- with Deputy Registrar (Judicial) of this Court under protest and after the conclusion of the trial the said amount be disbursed as per decision of the trial Court.
3. Prima facie, the dispute between the parties is that of rendition of account between the parties.
Therefore, in view of the request made by the petitioner, this petition is accepted and ad interim pre-arrest bail already granted to the petitioner in terms of order dated 08.06.2012 is confirmed subject to the deposit of Rs, 600,000/- with Deputy Registrar (Judicial) of this Court within seven days. In case the petitioner deposits the said amount, Deputy Registrar (Judicial) of this Court will invest the said amount in some profit bearing scheme which will be disbursed according to the judgment of the learned trial Court in the trial of the aforesaid FIR. Petitioner, however, will submit his fresh bail bonds amounting to Rs, 50,000/- with one surety in the like amount to the satisfaction of learned trial Court.