Zafar Mehmood vs State etc
This matter comes before the Lahore High Court through petitions filed under Section 498 of the Code of Criminal Procedure 1898 seeking pre-arrest bail in case FIR No. 1127 dated 10.06.2020 registered under Section 406 of the Pakistan Penal Code 1860 at Police Station Nawab Town, Lahore, concerning the alleged misappropriation of a motor vehicle entrusted to the petitioners. The core legal question is whether the petitioners are entitled to the extraordinary concession of pre-arrest bail when they are specifically nominated in the crime report, implicated during police investigation through a rent deed, and where the recovery of the misappropriated vehicle remains outstanding. The court held that the petitioners failed to establish any mala fide or ulterior motives on the part of the complainant or the police for their false implication, and that the recovery of the vehicle is yet to be effected. Consequently, the court dismissed the petitions and recalled the ad-interim pre-arrest bail granted earlier, establishing that pre-arrest bail is an extraordinary relief unavailable to accused persons prima facie connected to the crime without proof of mala fide.
- Whether an accused specifically nominated in a crime report for criminal breach of trust is entitled to pre-arrest bail when recovery of the misappropriated property is pending?
- Is pre-arrest bail an extraordinary relief that requires proof of mala fide or ulterior motives on the part of the complainant or police?
- Whether an accused found involved during police investigation pursuant to an attested rent deed can claim pre-arrest bail without establishing malice?
- Section 498, Code of Criminal Procedure 1898
- Section 406, Pakistan Penal Code 1860
ORDER
Through this common order , I intend to decide the titled petition filed by Zafar . Mehmood and Crl. Misc. No. 5031 1- B of 2020 filed by Zain under Section 498, Cr.P.C. in cage FIR No. 1127 dated 10.06.2020 registered under Section 406 PPC at Police Station, Nawab Town, Lahore.
2. Briefly , the allegation against the petitioners as contained in the crime report is that they along with three nominated co-accused have received Toyota Corolla Car bearing Registration No. LED- 19-6569 White Colour from the complainant as an entrustment for ten days but thereafter have misappropriated the same. Hence, this case was registered.
3. Heard. Record perused.
4. The petitioner along with his co-accused is specifically nominated in the crime report with the allegation of receiving Toyota Corolla Car bearing Registration No. LED-19-6569 White Colour and misappropriation of the same. According to the police investigation the vehicle in question was handed over to petitioner Zain after entering into rent deed which was attested by petitioner Zafar Mehmood. During investigation, the petitioner was found fully involved in this occurrence. The recovery of misappropriated car is yet to be effecte d. The claim of pre-arrest bail is an extra ordinary relief, which is meant only for innocent persons where the intend ed arrest of an accused is found to be actuated with mala fide intention and ulterior motives of the complainant or the police. No mala fide or malice on part of the complainant to falsely involve the petitioners in this case could be agitated by learned counsel for the petitioners, therefore, they are not entitled to the extra-ordinary relief of pre-arrest bail.
In view of the above, instant petition as well as connected Crl. Misc. No. 5031 1-B of 2020 are without any merit, the same stands dismissed. Order granting ad-interim pre-arrest bail to the petitioners is hereby recalled.