2005 PLP 664 (YLR)

Mian Dilawar Mahmood and Ch. Imran Chadhar, for Petitioner. Sh. Khurshid Iqbal for the State. Date of hearing: 28th June, 2004. This is bail after arrest application in case F.I.R No.47 of 2004, under sections 409/406/506/34, P.P.C. registered Police Station Balak., District Faisalabad, on the report of Muaz Ahmad, complainant.

2. According to the prosecution allegations set up in the F.I.R. the complainant and his son Muhammad Makki ran gold business to Jaddah, Saudi Arabia and the petitioner worked as their agent and on 21‑2‑2003 the petitioner received 35000 grams of 21 Carrat gold from Muhammad Makki son of the complainant and subsequently he escaped to Pakistan. On 21-2-2004 the complainant along with other P.Ws. approached the petitioner at his house in Old Civil Lines, Sargodha, where the petitioner and his wife accepted their liability and promised to return the gold to the complainant and subsequently they renegaded on their commitment and threatened the complainant with dire consequence which led to the registration of the present case.

3. It is contended on behalf of the petitioner that there is only verbal allegations against the petitioner and no documentary material whatsoever has been produced during the police investigation to support the fact that such a huge quantity of gold was entrusted to the petitioner and that in fact there was a dispute between son of the complainant and the petitioner who worked in the complainant's gold factory and the matter was taken to the Court at Jaddah and it was settled there vide document Annexure‑E and subsequently the complainant on his return to Pakistan with a delay of almost one year had made out this case only to pressurize the petitioner to fleece more money from him.

4. I have seen the original document copy of which has been attached as Annexure‑E. It reveals that there was a dispute between the petitioner and son of the complainant regarding 35 Kilos and 530 grams of 21 carrat gold and salaries of 72,762 Riyals. The said dispute was settled there in a suit in Jaddah Governorate and all the financial claims and liabilities stood cleared. The present case has been made out against the petitioner on return of Pakistan after lapse of one year only with verbal assertion. As the matter already stood settled at Saudi Arabia, the contents of the F.I.R. lodged here are a matter of further inquiry. Therefore, the petitioner is admitted to bail in the sum of Rs.50,000 satisfaction of trial Court. H.B.T./S‑250/L Bail granted.