2025 PLP 827 (YLR)

Adnan-ul-Karim Memon, J.

The applicants Roopchand alias Ramesh and Naresh Kumar are seeking pre-arrest bail in FIR No.12 of 2024 for the offense under section 406, 420 P.P.C. read with section 3(i) of the Sindh Prohibition of Interest on Private Loans Act, 2023 at P.S Vijuto. Their earlier bail plea was declined by the trial court vide order dated 22.06.2024.

2. It is contended by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the case by the complainant; that the FIR was filed with a delay of more than 3 months. He argued that the alleged offense is bailable and carries a maximum punishment of 10 years, which does not fall under the prohibited category of Section 497(1) of the Cr.PC. By contending so, he sought pre-arrest bail for the applicants on point of further inquiry and mala fide.

3. The learned Assistant P.G Sindh has opposed the bail application of the applicants.

4. I have heard the learned counsel for the parties and perused the record with their assistance.

5. The applicants, Roopchand alias Ramesh and Naresh Kumar have filed this bail application for pre-arrest bail in connection with FIR No. 12 of 2024, which was registered at Vijuto Police Station under sections 406, 420 of the Pakistan Penal Code (P.P.C.) and section 3(i) of the Sindh Prohibition of Interest on Private Loans Act, 2023.

6. The applicants are accused of engaging in the illegal business of lending money at interest. The complainant claims to have mortgaged 18 gold ornaments for a loan of Rs. 250,000 at a 5% interest rate. The applicants are also accused of intentionally lending money and collecting interest. This alleged assistance is deemed punishable to the same extent as the act of lending money illegally. The complainant requested the accused to settle the account and return the gold ornaments after paying the interest and principal amount. However, the accused refused to comply with this request.

7. It appears from the record that the complainant explicitly named both applicants in the FIR, accusing Naresh Kumar of lending money at interest and Roopchand of assisting in this illegal activity. Witness statements also implicated both applicants in the alleged offense. While there may be no documentary evidence due to the nature of the business, however, section 3(2) of the Sindh Prohibition of Interest on Private Loans Act, 2023 prohibits such activities and carries a severe punishment of up to 10 years in prison and a fine of up to one million rupees. This seriousness of the offense causes significant harm to society, and the need to take strict measures to eradicate it.

8. The defense argues that the trial court's rejection of their bail plea was based on a flawed analogy between the severity of the offense and the collection of sufficient evidence. However, the Supreme Court has emphasized that granting anticipatory bail in cognizable/non-bailable offenses is an extraordinary intervention that can interfere with the investigative process. While not explicitly provided for in the statute, anticipatory bail has been recognized as a remedy for the innocent and vulnerable to protect them from abuse of the legal process and humiliation. However, this remedy is not available in every criminal case, especially those with prima facie evidence supporting a cognizable/non-bailable offense. It is not intended to replace post-arrest bail. Further, the grant of pre-arrest bail is an exceptional remedy that can be granted in extraordinary circumstances to protect the liberty of innocent individuals who face false accusations with malicious intent. To obtain pre-arrest bail, the applicants must satisfy the Court of the conditions under Section 498 of the Cr.P.C.

9. In this case the allegations are severe against the applicants and need the recording of evidence of the complainant, as such the applicants have failed to establish a prima facie case for judicial refuge and the counsel has not demonstrated that involvement of the applicants in the subject crime is intended for malicious purposes such as harassment or humiliation.

10. The Sindh Prohibition of Interest on Private Loans Act, 2023 is enacted to address the issue of private money lending in Sindh and this Act prohibits all forms of private money lending and interest-based transactions in the province. It imposes a penalty of 3 to 10 years imprisonment and a fine of up to Rs. 1 million for those who violate the law. The Act also makes offenses under this law cognizable, non-compoundable, and non-bailable. Complaints of such offenses should be made to the concerned Station House Officer for registration of a case.

11. In view of such legal position of the case this court cannot endorse the point of view of the learned counsel for the applicants to enlarge the applicants on pre-arrest bail in such circumstances. On the aforesaid proposition, I am guided by the decisions of the Supreme Court in the case of Abdul Aziz Memon v. The State 2020 SCMR 313, Gulshan Ali Solangi v. The State 2020 SCMR 249, Rana Abdul Khaliq v. The State 2019 SCMR 1129, Muhammad Sadiq and others v. The State 2015 SCMR 1394 and Mukhtar Ahmed v. The State 2016 SCMR 2064.

12. In view of the above tentative assessment, this Court concludes that the defense counsel has failed to present a compelling case for pre-arrest bail. Therefore, the application is dismissed and the interim order dated 26.06.2024 passed by this court is recalled. It is important to note that these observations are preliminary and should not influence the trial proceedings which are expected to be concluded within two months. If the charge has not been framed, it should be framed on the date set by the trial court.

13. The Inspector General of Police Sindh is directed to ensure compliance with Section 6 of the Sindh Prohibition of Interest on Private Loans Act, 2023, and communicate instructions to all SSPs for strict adherence. The Secretary Home Department, Government of Sindh to issue necessary directions to all Deputy Commissioners to crack down on usury and take action against those involved in illegal private lending. JK/R-2/Sindh Application dismissed.