Syed Jawad Haider Naqvi vs The State and another
This matter comes before the Lahore High Court through a petition filed under Section 498 of the Code of Criminal Procedure 1898, wherein the petitioner seeks pre-arrest bail in respect of case FIR No.221/15 registered under Section 406 of the Pakistan Penal Code 1860 at Police Station Atta Shaheed, Sargodha. The core legal question revolves around whether the ingredients of criminal breach of trust under Section 406 PPC are prima facie satisfied or if the dispute involves a civil transaction or bailable offence, and whether the petitioner has made out a case for pre-arrest bail. The court held that the absence of a specific date and time in the FIR regarding the handing over of the amount, coupled with an unexplained delay of two months in lodging the FIR, prima facie reflects deliberation and consultation. The court further observed that the amount was handed over to become a co-sharer of a truck rather than for safe custody, and the applicability of Section 420 PPC instead of Section 406 PPC is to be determined by the trial court. The pre-arrest bail was confirmed, establishing the principle that an innocent person's unjustified incarceration cannot be adequately repaired if detained improperly, whereas the mistaken relief of interim bail is remediable.
- Whether unexplained delay in the registration of an FIR and the absence of specific dates regarding the handing over of an amount justify the grant of pre-arrest bail?
- Does handing over an amount to become a co-sharer in a vehicle attract Section 406 of the Pakistan Penal Code 1860 or a bailable offence?
- Can the corpus of an accused be handed over to the police merely for the purpose of recovery during pre-arrest bail proceedings?
- Section 498, Code of Criminal Procedure 1898
- Section 406, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
Through this petition under section 498 Cr.P.C. The petitioner has sought pre-arrest bail in case FIR No.221/15, dated 12.07.2015 registered at Police Station Atta Shaheed, Sargodha in respect of an offence under Section 406 PPC.
2. I have heard the learned counsel for the petitioner, learned Deputy Prosecutor General and learned counsel for the complainant and have also gone through the record of this case with their able assistance. This is bail before arrest and only tentative assessment is allowed at this stage.
Admittedly no date and time is mentioned by the complainant in the FIR on which the alleged amount was handed over to the present petitioner. Even otherwise there is a delay of two months in the registration of FIR which has not been explained by the complainant which prima facie reflects that the FIR has been got recorded after due deliberations and consultations. A bare perusal of FIR shows that the complainant had handed over the alleged amount to the petitioner in order to become co-sharer of truck No.2970/C owned by the petitioner and the same was not entrusted for safe custody to be returned on demand. So the question as to whether section 420 PPC, which is bailable, is attracted in this case instead of section 406 PPC shall be determined by the learned trial Court an at appropriate stage. Reliance can be placed upon 2011 SCM R 1614.
Admittedly the petitioner is previous non-convict and never involved in any other case. He has already joined the investigation. The corpus of the petitioner cannot be handed over to the police merely for the purpose of recovery. I may observe here that an ultimate conviction and incarceration of a guilty person can be repaired by the wrong caused by a mistaken relief of interim bail granted to him but no satisfactory reprisal can be offered to an innocent person for his unjustified incarceration at any stage of case if he is acquitted in the long run.
3. For what has been discussed above, false implication of the petitioner by the complainant after joining hands with the police cannot be ruled out, hence, this petition is allowed and ad-interim pre-arrest bail already granted to the petitioner vide this Court's order dated 22.10.2015 is hereby confirmed subject to his furnishing bail bond in the sum of Rs.1,00,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of learned Trial Court/ Area Magistrate.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.