1989 PLP 2795 (MLD)

Ss. 497 & 498--Penal Code (XLV of 1860), S.380--Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.14--Bail, grant of--Parties running partnership business--Recovery of allegedly stolen goods was effected from the premises where both the parties carried on their partnership business- Accused's suit for rendition of accounts pending in Civil Court--Dispute between the parties thus being of civil nature, accused allowed bail. Talib H. Rizvi for Petitioner. The petitioner who is involved in a criminal case under section 380, P.P.C. read with section 14 of Ordinance VI of 1979 arising out of F.I.R. No. 84 dated 28-3-1989, registered at Police Station Gowalmandi, Lahore, seeks to be admitted to anticipatory bail. His plea for bail before arrest made before the learned Additional Sessions Judge, Lahore was declined on 5-4-1989.

2. It has been alleged that about 1-1/2 years earlier the petitioner entered into partnership with Mst. Sadia Butt, his sister-in-law and wife of Mr. Salah-ud- Din Butt, the complainant, to carry out a business of distribution of liquid gas of Fon Gas Co. and in the said business Mst. Sadia invested a capital of Rs.3-1/2 lacs. The petitioner failed to render account of the joint business to the partner and thus the partnership business was closed on 15-7-1988. On the complainant's demand for the return of their money, 280 gas cylinders and regulators etc. were given to the complainant. The gas cylinders and regulators were allegedly stolen away by the petitioner.

3. It transpires from the record of investigation that 64 empty gas cylinders and 99 cylinders containing gas have been recovered during the course of investigation from the petitioner. No further investigation has been carried out as it is alleged that the petitioner has not joined the investigation so far. The Police Officer conceded that recovery has been made from the premises where the parties carried out their partnership business. The recovered cylinders were lying over there. It is a common ground between the parties that the petitioner's suit fear rendition of accounts against the plaintiff and his wife is still pending and in that suit a preliminary decree has already been passed. The petitioner has also filed a suit for perpetual injunction restraining the complainant and his wife to interfere in his business. Thus, the dispute between the parties is prima facie of civil nature. It is contended that the present criminal case has been got registered with mala fide to pressurise the petitioner as a counter-blast, to the civil suit filed by him.

4. In the above circumstances, the petitioner is admitted to pre-arrest bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of A.C. City, Lahore. It is, however, directed that the petitioner shall participate in the investigation if and when required by the Investigating Officer. H.B.T./S-429/L Bail granted.