UBEDULLAH vs THE STATE
The applicant sought pre-arrest bail in respect of an F.I.R. registered under sections 420, 406, and 506(2) of the Pakistan Penal Code arising from an agreement to sell a plot. The core legal question was whether criminal proceedings were being utilized maliciously to pressurize the accused over a dispute that was essentially of a civil nature. The Sindh High Court held that the transaction evidenced by the agreement revealed a dispute of civil liability and that the criminal proceedings appeared to be motivated to pressurize the applicant. Consequently, the court confirmed the pre-arrest bail, directing the applicant to join the investigation. The key principle laid down is that where a dispute is fundamentally of a civil nature and criminal proceedings are initiated to exert pressure, the accused is entitled to the concession of pre-arrest bail.
- Whether an accused is entitled to pre-arrest bail when the underlying dispute between the parties is primarily of a civil nature?
- Can criminal proceedings initiated to pressurize an accused in a property transaction form a valid ground for granting pre-arrest bail?
- Whether bail before arrest should be confirmed when the State does not oppose the application and civil liability is apparent from the record?
- Section 420, Pakistan Penal Code 1860
- Section 406, Pakistan Penal Code 1860
- Section 506(2), Pakistan Penal Code 1860
ORDER
1. ' The applicant/accused Ubedullah son of Muhammad Fazil has applied for bail before arrest in sections 420, 406, 506(2), P.P.C. Registered at Police Station Abad vide F.I.R. No,90 of 2002, dated 18- 8-2000.
2. ' According to the F.I.R. The applicant had entered into an Iqrarnama dated 25-4-2002 with the complainant whereby they agreed to sell plot at the rate of Rs,1,80,000 and received a sum of Rs,50,000 and the petitioner had undertaken to get the sale-deed registered after receiving balance amount of Rs,50,000. This Iqrarnama was written on 25-4-2002 in presence of P.W.
3. Muhammad Amin Junejo. Learned counsel for applicant submits that the petitioner is serving in Irrigation Department as Sub-Engineer and the offence under section 420, P.P.C. Is bailable whereas sections 406 and 506(2) are not bailable and according to the F.I.R. The place and time of issuing threats of dire consequences are not mentioned in the F.I.R., therefore, both sections are not applicable. It is stated that the dispute between the complainant and accused is of civil nature and due to mala fides on the part of complainant and the police. By lodging of the F.I.R. Itself is coloured exercise in order to extend highhandedness through police, therefore, applicant is entitled for concession of pre-arrest bail.
4. ' Mr. Kazi Wali Muhammad learned counsel for the State, has not opposed the confirmation of bail as there is a dispute of civil nature between the parties and the F.I.R. Was registered on 18-8-2002 whereas Iqrarnama was written on 25-4-2002, but in the F.I.R. The date and time is not mentioned about the commission of the offence.
5. ' I have considered the arguments and perused the record. As per agreement, dated 25-4-2002 arrived at between the parties it is clear that there is dispute of civil liability and it is also alleged that the complainant had motivated the criminal proceedings to pressurize the applicant/ accused. I, therefore, accept this bail application and confirm the interim bail, granted earlier. The applicant is directed to join the investigation as and when required.
6. Pre-arrest interim .
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