| Case ID |
1005b410-7461-44ad-ad7c-ff208d1858f0 |
| Body |
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| Case Number |
Crl. Misc. No. 69238/B of 2021 |
| Decision Date |
Feb 23, 2022 |
| Hearing Date |
Feb 23, 2022 |
| Decision |
The court granted pre-arrest bail to Muhammad Faheem, confirming the interim bail already provided. The court found that the allegations against the petitioners involved a civil dispute regarding a business partnership rather than criminal liability under Section 406 of the Pakistan Penal Code. The court emphasized that the proper remedy for the aggrieved partner was to seek civil redress through litigation for accounts rather than pursuing criminal charges. It was determined that the essential element of 'entrustment' as required by Section 405 was absent in this case, as the dispute primarily revolved around the management of partnership assets. Thus, the court concluded that the criminal proceedings initiated were unwarranted and constituted an attempt to exert pressure on the petitioners. |
| Summary |
This case revolves around the pre-arrest bail application of Muhammad Saleem and Muhammad Faheem concerning allegations of criminal breach of trust under Section 406 of the Pakistan Penal Code. The Lahore High Court assessed the nature of the dispute, which was fundamentally a civil matter related to a business partnership where Muhammad Saleem and the complainant were partners. They had engaged in a business under the name M/s. Super Shan Abid Stone Crusher. The complainant alleged that he entrusted machinery worth Rs. 14,000,000 to the petitioners, which they misappropriated. However, the court found that the case lacked the necessary elements of a criminal breach of trust, as the partnership inherently involved shared dominion over assets. The decision highlights important legal distinctions between civil disputes and criminal liabilities, emphasizing that civil remedies are more appropriate in partnership disputes. As such, the court confirmed the pre-arrest bail for Muhammad Faheem and dismissed the criminal charges as not substantiated under the law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
TARIQ SALEEM SHEIKH, J.
|
| Lawyers |
Mr. Muzaffar Iqbal, Advocate,
Ms. Rahat Majeed, Assistant District Public Prosecutor,
Mr. Muhammad Tauseef Tariq, Advocate
|
| Petitioners |
MUHAMMAD SALEEM,
MUHAMMAD FAHEEM
|
| Respondents |
STATE
|
| Citations |
2022 SLD 2055,
2022 PLJ 1314
|
| Other Citations |
PLD 2021 SC 886,
2015 SCMR 1575,
PLD 1978 Karachi 359,
1980 PCrLJ 818,
AIR 1960 SC 889,
AIR 1935 Rangoon 453,
AIR 1962 SC 1821,
(1970) 1 SCC 521,
(1995) 6 SCC 142
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
498,
406
|