SHAHBAZ KHAN Versus State
This matter arises from a post-arrest bail petition filed by Shahbaz Khan under section 406 of the Pakistan Penal Code 1860, relating to F.I.R. No.199 registered at Police Station Chenab Nagar, District Jhang, concerning the alleged non-production of two buffaloes given on superdari. The core legal question was whether the petitioner made out a case for further inquiry into his guilt when he claimed the buffaloes were stolen and had lodged an earlier F.I.R. for theft. The Lahore High Court held that since there was no material on record to show that the theft case lodged by the petitioner was false or cooked up, the matter warranted further inquiry. Consequently, the court allowed the petition and admitted the petitioner to post-arrest bail. The key principle laid down is that where an accused offers a plausible explanation supported by a prior criminal report regarding the disappearance of property entrusted to him, and the prosecution cannot demonstrate that the report is bogus, the case falls within the scope of further inquiry under criminal jurisprudence, entitling the accused to bail.
- Whether post-arrest bail can be granted when the accused offers a plausible explanation for the non-production of property given on superdari?
- Does a pending theft case lodged by the accused regarding entrusted property justify further inquiry into his guilt under section 406 of the Pakistan Penal Code 1860?
- Section 406, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
ORDER
Through this petition Shahbaz Khan petitioner has sought post-arrest bail in case F.I.R. No.199 registered 'at Police Station Chenab Nagar, District Jhang on 9-6-2004 for an offence under section 406, P.P.C.
2. The allegation against the petitioner is that two buffaloes given on Superdari to him had not been produced by him before the concerned Authorities and, thus, he had committed criminal breach of trust. As against that the petitioner maintains that the said buffaloes had been stolen from his custody and in respect of that theft he has already lodged F.I.R. No.295 registered at Police Station Sadar Chiniot, District Jhang on 19-5-2004 for an offence, under section 380, P.P,C. The Investigating Officer of the above mentioned F.I.R. No.295 has appeared before this Court along with the record of investigation of that case and he has informed the Court that so far no progress has been made in the A investigation of that criminal case as the culprit involved in that case is a fugitive from law. Be that as it may, there is nothing available on the record of investigation of that criminal case to indicate that the said criminal case was bogus and false and that the same had been cooked up by the petitioner as a pretext or not producing the relevant buffaloes before the concerned Authorities. In this view of the matter the present case against the petitioner calls for further inquiry into his guilt. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./S-376/L Bail granted.