2010 PLP 1415 (SCMR)

TASSADUQ HUSSAIN JILLANI, J.

Petitioner seeks pre-arrest bail in case registered vide F.I.R. No.105 dated 13-3-2009 under section 406, P.P.C. at P.S. Baraghar, District Nankana Sahib, wherein the allegation is that as Bank Manager in Bucheki Branch of the National Bank, he misappropriated a sum of Rs. 4,500,000 received from the complainant in the manner alleged in the F.T.R.

2. Learned Deputy Prosecutor-General opposed the petition by submitting that there are serious allegations against the petitioner; that he was entrusted with the amount which he misappropriated and cannot be granted the extraordinary concession of pre-arrest bail, moreso when the investigation has still not been finally concluded; though in terms of the finding of the initial Investigation Officer, he had been found guilty. He further submitted that there are other cases registered against him vide F.I.R. No.10509, dated 27-7-2009, F.I.R. No.54308 and F.I.R. No.10 of 2009 at P.S. Baraghar, District Nankana Sahib. On Court query, the complaint, who is present in person, however, admitted that the afore-referred cases were cancelled but added that in sequel to a compromise between the petitioner and the complainant parties in the respective F.I.Rs.

3. We have heard learned counsel for the parties at some length and have gone through the F.I.R.

4. Admittedly the suit for recovery filed against the complainant by the Bank is dated 1-11-2008 which is much prior to the registration of instant criminal case and it is not denied that respondent-complainant got the case registered after filing the written reply in the said recovery suit (pending before the Banking Court No.II, Lahore). Since the investigation in the instant case remains inconclusive and as the Bank had filed a recovery suit with regard to the amount subject-matter of the F.I.R. against the complainant much prior to registration of case, we are inclined to allow this petition. The learned Banking Court seized of the matter is however, directed to decide the recovery suit within six weeks of receipt of this order. The Investigation Officer is directed to conclude the investigation within 15 days of the receipt of this order and submit the report under section 173, Cr.P.C. before the concerned Court. If petitioner misuses the concession of bail, it would be open for the prosecution to move for cancellation of bail before the learned trial Court which shall decide the matter strictly on merits.

5. For what has been discussed above, this petition is converted into appeal and allowed. The petitioner is granted pre-arrest bail subject to his furnishing bonds in the sum of Rs.5,00,000 with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./R-7/SC Bail granted.