Muhammad Boota and another vs State and another
This matter concerns a petition for pre-arrest bail filed by Muhammad Boota and Ghulam Haider in relation to FIR No. 351/2019, registered under Section 406 of the Pakistan Penal Code 1860 at Police Station Satrah, District Sialkot. The core legal question was whether the allegations of criminal breach of trust were substantiated, or if the dispute was essentially civil in nature, thereby warranting the grant of pre-arrest bail. The Court observed that the amount in question was paid as the price for a house, which prima facie does not constitute entrustment under Section 405 of the Pakistan Penal Code 1860. Furthermore, the Court noted that the complainant had previously initiated a civil suit for specific performance of a contract regarding the same property, indicating that the dispute was civil in nature. Consequently, the Court held that the criminal proceedings appeared to be an attempt to convert a civil dispute into a criminal one, making false implication a possibility. The petition was allowed, and the ad-interim pre-arrest bail was confirmed.
- Does the payment of money as the price for a house constitute entrustment under Section 405 of the Pakistan Penal Code 1860?
- Can a dispute involving a contract for the sale of property be converted into a criminal case under Section 406 of the Pakistan Penal Code 1860?
- Is pre-arrest bail appropriate when the underlying dispute between parties is essentially civil in nature?
- Section 405, Pakistan Penal Code 1860
- Section 406, Pakistan Penal Code 1860
ORDER
Muhammad Boota and Ghulam Haider , petitioners have prayed for pre-arrest bail in case FIR No. 351/2019 dated 09.10.2019 registered at Police Station Satrah, District Sialkot for the of fence under Section 406 PPC.
2. Arguments heard and record perused.
3. FIR was registered of complainant of Muhammad Iqbal. As per FIR itself amount in question was given by complainant to the petitioners as price of a house, as such, it prima facie cannot be termed as entrustment within the meanings of Section 405, PPC. Moreover , prior to registration of instant FIR, complainant had already filed a civil suit for specific performance of contract against petitioners qua the disputed house on the basis of story as mentioned in the FIR, implying thereby dispute between the parties was of civil nature. That being so attempt has been made by complainant to convert dispute of civil nature into criminal one. Therefore, false implication cannot be ruled out. Handing over petitioners' custody to police for the recovery of any amount at this stage would not proper . Therefore, petition in hand is allowed and ad-interim pre-arrest bail granted to petitioners, is confirmed subject to furnishing bail bonds in the sum, of Rs. 1,00,000/- each with one suret y each in the like amount to the satisfaction of learned trial Courts.