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SHOAIB ALI vs State S — 2022 YLR 1424 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLR 1424 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
YLR
Parties
SHOAIB ALI vs State S
Subject matter
Criminal
Provisions referred to
S. 498---P; S. 406---C; S. 406; S. 405; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHOAIB ALI VS State S. 498---Penal Code (XLV of 1860), S. 406---Criminal breach of trust---Pre-arrest bail, grant of---Civil dispute---Scope---Accused sought pre-arrest bail in an FIR registered under S.406, P.P.C.---Allegation levelled in the FIR was that the complainant had paid certain amount to the accused and his co-accused persons as trust for the purpose of purchasing plots but the same was not returned---Held; the amount was paid as advance for purchasing plots and when the plots were not given to the complainant then the FIR was got registered, therefore, prima facie this was a civil transaction and not the case of "criminal breach of trust" defined under S. 405, P.P.C. and punishable under S. 406, P.P.C.---Complainant after joining hands with the police had tried to convert a civil transaction into a criminal one through registration of the case, which fact itself reflected mala fide intention on the part of the prosecution---Reasonable grounds were not available on record to connect the accused with the commission of alleged offence---Insistence of Investigating Officer for arrest of the accused in the case showed mala fide intention on the part of the prosecution---Pre-arrest bail was allowed, in circumstances.

Other judgments reported in 2022 YLR

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