2026 PLP 201 (YLR)

Muhammad Jawad Zafar, J.

Through this petition, filed under Section 498 of the Code of Criminal Procedure 1898 ("Cr.P.C" or "Code"), the petitioner, namely, Mateen, seeks pre-arrest bail in crime report bearing FIR No.2382 of 2025, dated 22.07.2025, for offence under Section 406 of the Pakistan Penal Code 1860 ("P.P.C"), registered with Police Station Qilla Gujjar Singh, District Lahore ("Crime Report" or "FIR").

2. Heard. Record perused..

3. This is a pre-arrest bail, and only a tentative assessment of the evidentiary material produced before the Court is to be made at this stage.1 Based on a tentative assessment of the record, it evinces that there is an inordinate delay in lodging of FIR. Such delay, as highlighted above, shatters the sanctity of the Crime Report and reflects that the same was consumed in fabricating, deliberating, consulting and concocting a false story.2 Ex-facie from the contents of the FIR it reflects that the matter pertains to business transaction and the elements of entrustment as well as misappropriation which are pre-requisites for attraction of section 406 P.P.C are missing in instant case, reliance is placed on "Ali Raza v. The State and others" (2022 SCMR 1223). The question of constituting the offence of criminal breach of trust under section 406 P.P.C, in the light of said dispute, would be determined by the learned Trial Court after recording the evidence.3

4. Although, it is a pre-arrest bail application and merits for grant of bail before arrest and after arrest are all altogether different but in a recent pronouncement of apex court of the Country in case titled as "Khair Muhammad and another v. The State through P.G. Punjab and another" (2021 SCMR 130) it has been held that while granting pre-arrest bail even the merits of the case can be touched upon. The relevant portion of the esteemed judgment of the apex Court of the Country is reproduced as under:- "the concept of pre-arrest bail is exceptional, it has to be exercised sparingly. The purpose behind is to save innocent persons from false allegations, trumped up charges and malicious prosecution at the end of complainant party In the salutary judgment of this Court reported as "Meeran Bux v. The State and another" (PLD 1989 SC 347), the scope of the pre-arrest bail has been widened and as such while granting pre-arrest bail even the merits of the case can be touched upon." Similar view has been reiterated by the apex Court of the Country in the case titled as "Sajid Hussain alias Joji v. The State" (PLD 2021 SC 898).

5. In view of the above, sending the petitioner behind bars at this stage would cause irreparable loss to his reputation and would serve no useful purpose. Reliance is placed on the case of "Khalil Ahmed Soomro and others v. The State" (PLD 2017 SC 730) wherein the following principle has been enunciated: Although for grant of pre-arrest bail one of the pre conditions is that the accused person has to show that his arrest is intended by the prosecution out of mala fide and for ulterior consideration. At pre-arrest ball stage, it is difficult to prove the element of mala fide by the accused through positive/solid evidence/ materials and the same is to be deduced and inferred from the facts and circumstances of the case and if some events-hints to that effect are available, the same would validly constitute the element of mala fide .

6. In the wake of the above discussion, the case of the petitioner squarely fall within the ambit of subsection (2) of section 497 of Code of Criminal Procedure 1898 for further inquiry into his guilt. Resultantly, this petition is allowed, and ad-interim pre-arrest bail already granted to the petitioner, by this Court, vide Order dated 09.09.2025, is confirmed subject to his furnishing fresh bail bonds in the sum of PKR. 10,00,000/-(Rupees One Million only) with two sureties, in the like amount each to the satisfaction of the learned trial court.

7. It is clarified that the observations enumerated are absolutely tentative in nature and restricted only to the extent of this particular petition, having no nexus and relevance with the trial, which shall be concluded quite independently and purely on merit. MQ/M-162/L Bail granted. 1 See Aamir Bashir and another v. The State and others (2017 SCMR 2060) and Khalid Javed Gillan v. The State (PLD 1978 SC 256) 2 See Jamaluddin and another v. The State (2023 SCMR 1243); Khair Muhammad and another v. The State through P.G. Punjab and another (2021 SCMR 130) and Abdul Ghafoor Gondal v. The State (2020 SCMR 861) 3 See Jamaluddin and another v. The State (2023 SCMR 1243) and Syed Darbar Ali Shah and others v. The State (2015 SCMR 879).