2022 PLP 1223 (SCMR)
ALI RAZA — Petitioner Versus The STATE and others — Respondents
| Citation | 2022 PLP 1223 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ijaz ul Ahsan, Amin-ud-Din Khan and Sayyed Mazahar Ali Akbar Naqvi, JJ |
| Parties | ALI RAZA — Petitioner Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2022 PLP 1223 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2022 PLP 1223 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ijaz ul Ahsan, Amin-ud-Din Khan and Sayyed Mazahar Ali Akbar Naqvi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2022 PLP 1223 (SCMR) (ALI RAZA — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Sakhawat Ali, Advocate Supreme Court for Petitioner.
Headnotes / Summary
(Against judgment dated 24.01.2022 of Lahore High Court, Lahore, passed in Criminal Misc. No. 80679-B of 2021)
S. 497(2)
Penal Code (XLV of 1860), S. 406
Constitution of Pakistan, Art. 185(3)
Pre-requisites for attracting section 406, P.P.C. absent
Complainant had given his vehicle to the co-accused, who operated a car showroom and rent a car business
Co-accused alleged that the vehicle in question was given to the accused, who misappropriated the same and never returned it
Only material against the accused was the statement of the co-accused which was per se not admissible in evidence
To attract the provisions of section 406, P.P.C., it was necessary to fulfil basic requirements of 'entrustment' and 'misappropriation with 'mens rea'
Both said ingredients of section 406, P.P.C. were totally absent in the present case
Hence, there was no independent evidence or material against the accused which would directly involve him in the offence under section 406, P.P.C.
Further, no recovery had been made from him and the question of his guilt or innocence was a matter which required further inquiry at trial stage
Offence alleged also did not fall within the prohibitory clause of section 497, Cr.P.C.
Petition for leave to appeal was converted into an appeal and allowed, and accused was admitted to bail. Khurram Khan, Additional P.G., Punjab, Naeem Virk, DSP and Saif Ullah, SI for the State.
Judgment & Decree
IJAZ UL AHSAN, J.
This is an application seeking post-arrest bail in case FIR No.1388 of 2021 dated 12.09.2021 registered under section 406, P.P.C. at Police Station Batapur, Lahore.
2. The precise allegation against the petitioner is that the complainant had given a vehicle/Car bearing registration No.LEC-3816 to Syed Qasim Bukhari who is the owner of a showroom and deals in the business of Rent a Car. The complainant alleged that he was neither paid any rent nor the vehicle was returned to him. On contact, he was informed that the vehicle of the complainant had been misappropriated. On further investigation, the co-accused Syed Qasim Bukhari alleged that he had given the vehicle to the petitioner, who had misappropriated the same and the whereabouts of the vehicle were unknown. The petitioner categorically denied the said allegations and stated that he had nothing to do with the transaction.
3. The learned counsel for the petitioner submits that it is a case of no evidence. There is neither any documentary nor oral evidence against him and on the sole statement of the co-accused who was directly involved in the offence, he has been arrested and has been languishing in jail since 17.09.2021.
4. The learned Additional Prosecutor General, Punjab admits that there is no direct evidence against the petitioner and the sole allegation against him is that the co-accused has stated that he had given the vehicle in question to the petitioner. It is further pointed out that the petitioner remained on remand for 10-days but no recovery could be effected from him.
5. Having heard the learned counsel for the petitioner, the learned Additional Prosecutor General, Punjab and going through the record, we find that the only material against the petitioner is the statement of the co-accused Syed Qasim Bukhari which is per se not admissible in evidence. The ingredients to attract the provisions of section 406, P.P.C., it is necessary to fulfil basic requirements of (i) entrustment and (ii) misappropriation with mens rea. Both these ingredients of section 406, P.P.C. are totally absent. Hence, there is no independent evidence or material against the petitioner which would directly involve him in the offence under section 406, P.P.C. Further, no recovery has been made from him and the question of his guilt or innocence is a matter which requires further inquiry at trial stage. We also note that the offence does not fall within the prohibitory clause of section 497, Cr.P.C.
6. In this view of the matter, the present petition is converted into an appeal and allowed. The petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs.200,000/- with one surety in the like amount to the satisfaction of the trial Court. MWA/A-21/SC Bail granted.