| Case ID |
16c79eec-065c-463c-8307-f6ba43d315f2 |
| Body |
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| Case Number |
Crl. Misc. No. 5538-B of 2016 |
| Decision Date |
Jan 16, 2017 |
| Hearing Date |
|
| Decision |
The court confirmed the pre-arrest bail of the petitioner, Tariq Ali, in the case of alleged criminal breach of trust under Section 406 of the Pakistan Penal Code. The allegations stem from a business transaction involving mobile phones worth Rs. 23,26,650/- where the petitioner and co-accused allegedly failed to pay the agreed amount. The court found that the delay in filing the FIR and the nature of the agreement between the parties indicated mala fide intentions from the complainant. It concluded that prima facie, the ingredients of the alleged offence were not established, and sending the petitioner to jail would not serve any useful purpose for the prosecution. |
| Summary |
This case revolves around the pre-arrest bail application of Tariq Ali, who was accused of criminal breach of trust under Section 406 of the Pakistan Penal Code. The court examined the facts that both parties had a business relationship involving mobile phones valued at over Rs. 23 lakhs, which were handed over to the co-accused with a promise of payment. The FIR was filed after a significant delay, and the court noted that an agreement existed between the parties, which suggested that the accusations were made with ulterior motives. The ruling emphasized the importance of examining the intentions behind the allegations and concluded that the prosecution failed to establish a prima facie case. The decision to confirm the bail reflects the court's stance on ensuring that individuals are not wrongfully imprisoned without substantial evidence. This case highlights the legal principles surrounding bail, criminal breach of trust, and the importance of timely legal actions in such matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ASJAD JAVAID GHURAL, JUSTICE
|
| Lawyers |
Kh. Qaisar Butt, Advocate,
Mr. Muhammad Meherban Ranjha, Advocate,
Mr. Muhammad Ali Shahab, DPG for State
|
| Petitioners |
Tariq Ali
|
| Respondents |
another,
STATE
|
| Citations |
2017 SLD 912,
2017 PLJ 188
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code, 1898,
Pakistan Penal Code, 1860
|
| Sections |
498,
406
|