DASTGIR vs THE STATE
This matter concerns an application for pre-arrest bail filed by the petitioner, who was accused of embezzlement while working as a Munshi at the complainant's petrol pump. The core legal question was whether the allegations constituted a criminal offense or a civil dispute, and whether the petitioner was entitled to pre-arrest bail given the circumstances. The Court observed that the case was registered with a significant delay of six and a half months and appeared to be a civil dispute converted into a criminal case to exert pressure on the petitioner, who was an employee, and to prevent him from claiming outstanding wages. The Court held that the petitioner had successfully demonstrated mala fide intent and ulterior motives on the part of the complainant. Consequently, the Court confirmed the pre-arrest bail, establishing the principle that where a criminal case is prima facie civil in nature and initiated with mala fide intent to harass or pressurize an individual, the accused is entitled to the concession of pre-arrest bail.
- Can a dispute that is prima facie civil in nature be converted into a criminal case for the purpose of pressuring an individual?
- Does the registration of an FIR after a significant delay, coupled with allegations of mala fide intent, justify the grant of pre-arrest bail?
- Is an accused entitled to pre-arrest bail when the complainant's motive appears to be to prevent the accused from claiming outstanding dues?
- Section 498, Code of Criminal Procedure 1898
- Section 406, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
ORDER
' Through this application under section 498, Cr.P.C. The petitioner seeks bail before arrest in case F.I.R. No, 136 of 2001 registered on 11-5-2001 under sections 406/468 and 471, P.P.C. At Police Station Jal Chakian, District Sargodha.
2. The brief facts of the case are that the petitioner who was exMunshi at the petrol pump of the complainant Muhammad Sher has embezzled the amount of Rs,29,010 out of the sale produce of the Fuel Station.
3. Learned counsel for the petitioner contends that it is a case of civil nature which has been converted into criminal offence by the complainant with mala fide intention and ulterior motives and the case has been registered after 6 and half months later of the occurrence. It is further contended that this false case has been registered in order to pressurize him and restraining him from claiming the amount from the complainant. It is also contended that the offences do not fall within the prohibitory clause.
4. On the other hand learned State counsel opposed the bail application on the ground that the petitioner is named in the F.I.R. And the amount is yet to be recovered from him and he is not entitled to bail.
5. I have heard the learned counsel for the parties. The bare perusal of the F.I.R. Shows the mala fide on the part of the complainant that the petitioner is ex-servant and according to him has not paid outstanding amount 29,010 out of the Fuel Station. The case of the petitioner is that he has to receive Rs,4,000 from the complainant and he has left the job, hence, he has been falsely implicated in this case. Prima facie the case of the petitioner seems to be of civil nature which has been converted into criminal ease. Being a rich man of the village the petitioner who is poor has been involved in this case in order to pressurize him and for restraining him from demanding any amount from the complainant. The petitioner has succeeded in making out a case for his false involvement with mala fide intention and ulterior motives. Hence, the bail before arrest already granted to the petitioner vide order dated 3-10-2001 is hereby confirmed provided, he submits fresh bail bonds amounting to Rs,50,000 with one surety in the like amount to the satisfaction of Judicial/Duty Magistrate.
Bail before arrest confirmed.
Cited by 1 case
- FAIZAN ALI Versus State 2018 PCrLJN 76