MUHAMMAD TUFAIL vs STATE & another
This matter arises from a criminal petition seeking pre-arrest bail in a case concerning criminal breach of trust involving a vehicle registration book. The core legal question is whether the petitioner is entitled to confirmation of pre-arrest bail when the investigation shows the allegations may stem from mala fide and ulterior motives, and no recovery remains to be made. The Lahore High Court held that where the investigation reveals the petitioner purchased the registration book for consideration and returned it, and police efforts to arrest are tainted with mala fide, the petitioner's ad interim pre-arrest bail should be confirmed. The key principle laid down is that pre-arrest bail aims to protect innocent individuals from unnecessary harassment resulting from politically or personally motivated criminal proceedings where no further recovery is required and mala fide is evident.
- Whether pre-arrest bail can be confirmed when police investigation reveals no criminal breach of trust and points to mala fide on the part of the complainant?
- Is a petitioner entitled to pre-arrest bail when the investigation is complete and no further recovery is to be made?
- What is the primary object of granting pre-arrest bail in criminal cases?
ORDER
' In continuation of order dated 02-10-2014, whereby the petitioner was granted ad interim pre- arrest bail in the instant case, I have further heard learned counsel for the parties and gone through the record.
2. As per FIR, allegation of criminal breach of trust has been leveled against the petitioner by the complainant alleging therein that the petitioner had obtained car, along with its registration book, from him but subsequently the car was returned to the complainant without registration book, which the petitioner retained with him ,with mala fide. During investigation, it has come on record that the petitioner has not committed any criminal breach of trust, as he had purchased the registration book of the said car from one driver namely Bhola for consideration of Rs,25,000/- and handed-over the registration book to the complainant after receiving the said amount from him.
This fact is clearly shows in daily Diary No, 8 dated 25-08-2014 in the police file. In such circumstances, possibility of involvement of the petitioner in the instant case due to mala fide and ulterior motive on the part of complainant cannot be ruled out. Thus, the efforts of police to arrest the petitioner without any cogent evidence is tainted with mala fide and ulterior motive. The investigation is complete and nothing is to be recovered from the petitioner. The object of pre- arrest bail is to save innocent persons from being unnecessarily harassed due to their arrest in the case instituted against them with ulterior motives. Thus, while placing reliance on 1996 P.Cr.L.J. 1422 (James Sardar and another vs. The State), instant petition is allowed and ad interim pre-arrest bail already granted to the petitioner vide order dated 02-10-2014 is confirmed, subject to furnishing fresh bail bonds in the sum of Rupees One Lac (Rs, 1,00,000/-), with one surety, in the like amount to