HADAYATULLAH Versus State

ROZI KHAN BARRECH, J.--- The petitioner Hayatullah son of Abdullah, after dismissal his pre-arrest bail by the Court below vide order dated 25.02.2020, seeking confirmation of his ad-interim pre-arrest bail granted to him by this Court vide order dated 28.02.2020 in case FIR No.02 of 2020 dated 05.01.2020 registered at Police Station Saddar Quetta under sections 471, 468, 463, 420, P.P.C. with the allegation that the petitioner/applicant sold out a Honda City car bearing registration No. ABT-360, Engine No.L1317-2627804, Chassis No.NFBGM 154X9R107907, gray in color, model 2010, to the complainant Fareedullah in the worth of Rs.8,50,000/- on 23.03.2018 in presence of witnesses at Al-Quresh Motor Showrooms. The said vehicle was found stolen in case FIR No.558 of 2016 for an offence under section 381-A, P.P.C. by police of Patoki Punjab and it was further found that the registration book of the said vehicle was also forged.

2. I have heard the learned counsel for the petitioner as well as learned State counsel and gone through the available record with their assistance.

3. The alleged car was sold out by the petitioner to complainant on 18.03.2018 and allegedly on 19.09.2019 the said vehicle was taken into possession by the police of Patoki Punjab and it was stated that the said vehicle was stolen from the area of Lahore and it is required in Crime No.558 of 2016. The complainant filed an application before the police for registration of FIR on 16.12.2019 and the FIR was lodged on 05.01.2020 with delay of more than three months. In such circumstances, the case of the petitioner comes within the ambit of further inquiry. The case is one of further inquiry and the probability of humiliating the applicant and by belatedly lodging of FIR cannot be ruled out at this stage. Reliance is placed in the case titled Abdul Ghafoor Gondal v. The State and another 2020 SCMR 861.

The scope of pre-arrest bail was widened in Jamal-ud -Din's case 1983 SCMR 1949 wherein Hon'ble Supreme Court reiterated the principles for grant of pre-arrest bail and also held that the grant or refusal of bail in criminal cases primarily depends upon the facts and circumstances of each case and no hard and fast rule can be laid down in this regard.

Before lodging of the FIR the police officials has conducted an inquiry under section 151(2), Cr.P.C., the mala fide from the facts and circumstances of the case which apparently is oozing in the case. The case of the accused/applicant is also does not fall within the prohibitory clause, the investigation has already been completed.

In view of the above discussion, ad-interim pre-arrest bail already granted to the applicant/accused is hereby confirmed.

SA/162/Bal. Bail confirmed.