Phaphi alias Fatima vs State S — 2026 MLD 187 LAHORE-HIGH-COURT-LAHORE

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Phaphi alias Fatima VS State S. 498---Penal Code (XLV of 1860), Ss. 406 & 420---Criminal breach of trust, cheating---Pre-arrest bail, confirmation of---Malafide on the part of complainant---Allegations against the petitioners were that they misappropriated the golden rings and an amount of Rs. 1,90,000/- on the pretext of marriage---According to FIR complainant and his brother got married with the petitioners (sisters) and father of the complainant gave two golden rings to them and Rs.190,000/- for arrangement of marriage ceremony---Bare contents of the FIR did not suggest that entrustment of any property was made to the petitioners, which they misappropriated---Two golden rings and sum of Rs.190,000/- given by father of complainant to petitioners on the eve of their marriage with complainant and his brother could only be considered and treated as gift, as such dispute between the parties happened to be purely of family nature---Complainant claimed that petitioners/accused failed to point out any mala fide or ulterior motive on his part as well as police, which were sine qua non for the grant of pre-arrest bail and those grounds were very much lacking in the present case---However, mala fide being a state of mind could not always be proved by direct evidence---In most of the cases it had always to be inferred from the facts and circumstances of the case---Both the petitioners were previous non-convicts and they were females, as such social norms of our society did not permit to hand them over into the custody of police, lest the same should put their modesty at stake---Even otherwise, it was not likely to serve any purpose, as nothing had to be recovered at the instance or from the possession of petitioners---Weak and palpable circumstances of the case in hand were sufficient to lead the Court to draw an inference of mal afide on the part of prosecution/ complainant---Petitioners would suffer irreparable loss, in case their arrest was made by police, as such it was appropriate to exercise discretion in favour of petitioners---In such circumstances, the petitioners had succeeded in making out a good case for the grant of extra ordinary relief---Ad-interim pre-arrest bail already allowed to them was confirmed, in circumstances.

Phaphi alias Fatima vs State S — 2026 MLD 187 LAHORE-HIGH-COURT-LAHORE

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