2008 PLP 321 (MLD)

IJAZ AHMAD CHAUDHARY, J.

The petitioner seeks pre-arrest bail in case F.I.R. No.366, registered with Police Station Luddan, District Vehari on 9-6-2007 for an offence under sections 406/420, P.P.C.

2. The facts of the case in brief are; that on 13-1-2007, the complainant handed over his buffalo valuing Rs.80,000 to Ijaz Tajwana as Amaanat. The said buffalo remained with him for four months and thereafter he asked the complainant to take back his buffalo. He took back his buffalo and handed over the same to Falak Sher, the present petitioner on 16-5-2007 who left the same at the Dera of Muhammad Sharif. It is further alleged in the F.I.R. that on 20-5-2007 Falak Sher told the complainant on phone that buffalo ran way by breaking the rope. The complainant went to Sharif who promised to locate the buffalo within 2/3 days. Thereafter, said Sharif told that the buffalo has been taken by Falak Sher. The complainant approached the petitioner and a punchayat was convened in Mauza Magrana in which the petitioner admitted that he has sold the buffalo and offered to take the buffalo of Falak Sher. The complainant refused to take the buffalo of Falak Sher as it was of low value.

3. Learned counsel for the petitioner contends that a civil dispute has been converted into criminal offence. Further contends that according to the statement of the complainant under section 161, Cr.P.C. the buffalo was kept at the dera of Sharif by the petitioner and Sharif had promised for the return of buffalo and subsequently told him that the buffalo had been taken by the petitioner. Learned counsel further contends that prima facie the ingredients of breach of trust are missing in the present case.

4. Learned counsel for the complainant as well as learned counsel appearing on behalf of the State have opposed the bail application by arguing that the buffalo was given to Falak Sher and he was responsible for the lost of the same.

5. I have heard learned counsel for the parties and have also gone through the record. From perusal of the contents of F.I.R. prima facie it reveals that a civil dispute seems to have been converted into criminal offence. It is also story of the complainant himself that the said buffalo had been kept at the dera of Sharif by the petitioner and said Sharif had promised with the complainant to return the same, but subsequently told him that the buffalo had been taken away by the petitioner. Except for the statement of the co-accused in this regard there' is nothing on the record to prima facie connect the petitioner with the commission of crime. Even otherwise, the ingredients of breach of trust as defined under section 405, P.P.C. are not made out in the present case. Hence, the ad interim pre-arrest already granted to the petitioner is confirmed subject to his furnishing fresh bail bonds in the sum of Rs. one lac with two sureties each in the like amount to the satisfaction of the learned trial Court. H.B.T./F-35/L Bail confirmed.