Muhammad Irshad vs State Ss — 2026 YLR 193 LAHORE-HIGH-COURT-LAHORE

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Muhammad Irshad VS State Ss. 498 & 403---Penal Code (XLV of 1860), Ss. 406 & 408---Criminal breach of trust, criminal breach of trust by a clerk or servant---Ad-interim pre-arrest bail, withdrawal of---Allegations against the accused-petitioner were that he being employee of complainant embezzled an amount of 26,300 Omani Riyal of which were given to him for the purchase of gold---Complainant reported the incident immediately to Pakistan Embassy at Oman and the matter was onward referred to FIA for legal action---Petitioner claimed that a crime report was already registered by the complainant at Masqat/Oman, there was no scope for lodging of second FIR with respect to the same occurrence in Pakistan---In the case in hand only a crime report was registered against the petitioner at Masqat/Oman---Petitioner was neither tried nor convicted or acquitted of the charge there---Petitioner escaped from Oman/Musqat and entered into the limits of Pakistan and was arrested by the F.I.A. authorities---Since case against the petitioner was just at initial stage of investigation at Oman, hence he could not seek the help of S.403, Cr.P.C.---Inquiry/investigation, arrest and trial of petitioner in Pakistan was legal and valid for all the purposes, therefore, objection raised by petitioner was devoid of any force, hence rejected outrightly---Record spoke that when petitioner committed embezzlement in Masqat/ Oman, he immediately transferred certain amounts into his bank account at Pakistan and bank account of his wife---Petitioner, being an employee of complainant, was entrusted with cash, diamond ring and bank card, which he misappropriated and converted the same to his own use in flagrant violation of his duties as an employee---Petitioner breached the trust of his employer/ complainant---Ingredients of offence of criminal breach of trust prescribed in S.405 of P.P.C were fully attracted---Whole of the documentary evidence floating on the surface during the investigation fully connected him with the crime alleged against him---Petitioner failed to dislodge his prima facie involvement in the offence---All the circumstances were encircling petitioner from all the sides---First Information Report presented a dreadful picture---Petitioner failed to show any mala fide or ulterior motive on the part of complainant for his false implication---Extra ordinary relief of pre-arrest bail, being available only for innocent people, could not be extended in favour of the petitioner---Another aspect of the matter had escaped the notice of Investigating Officer, as such it was appropriate to adhere to the same---Amount was transferred by petitioner from Masqat/Oman to Pakistan into his own bank account as well as the bank account of his wife with the knowledge that it was proceeds of crime, as such the relevant offences under the Anti-Money Laundering Act, 2010, were also prima facie made out against the petitioner---Investigating Officer of the case was supposed to look into the said aspect of the case---Thus, the present petition had no force---Ad-interim pre-arrest bail already allowed to the petitioner was withdrawn---Petition was dismissed, in circumstances.

Muhammad Irshad vs State Ss — 2026 YLR 193 LAHORE-HIGH-COURT-LAHORE

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