' SYED SHABBAR RAZA RIZVI, J.---The learned counsel has filed this application for pre-arrest bail in F.I.R. No.529 of 2007, dated 27-10-2007. The said F.I.R. Was registered at Police Station Barki, Lahore, under section 406, P.P.C.
2. Briefly, according to the F.I.R. The petitioner borrowed Rs.25 lacs from the complainant for doing a business. Thereafter at different times, /he petitioner returned most of the amount in different instalments. However, the petitioner failed to repay Rs.2,05,000 despite making several promises.
3. According to the learned counsel, the petitioner is innocent and he has been involved in this case malafidely. He is apprehensive of arrest of petitioner which would bring him disgrace.
4. On the other hand, the learned Deputy Prosecutor General, Punjab submits that there is no element of mala fide in the registration of F.I.R. The repayment of most of the amount shows that the contents of the F.I.R. Are correct.
5. I have heard the learned counsel for the parties. The F.I.R. Clearly mentions that Rs.25 lacs were paid by the complainant to the petitioner to do a business. In other words, the complainant gave a loan to the petitioner for the purpose of spending the same or for appropriation of his business. The purpose of paying money to the petitioner was not to keep it unused or to use the same, for any particular purpose, directed by the complainant. The contents of F.I.R. Clearly suggest that petitioner was supposed to invest the money in some business/trade for himself. Furthermore, the F.I.R. Shows that petitioner returned most of the borrowed money except of Rs.2,05,000 which is a small fraction of Rs.25 lacs, the original amount which was borrowed by the petitioner from the complainant. In the above context, it cannot be believed that Rs.25 lacs have been misappropriated by the, petitioner. The F.I.R. Does not show that the petitioner was under instructions to keep the money on behalf of the complainant or to use the same according to his instructions in any manner. The requirements/prerequisites to constitute an offence under sections 405 and 406, P.P.C. Are:--
(i) entrustment;
(ii) dishonest misappropriation or conversion by accused for his own use;
(iii) dishonest use or disposal of the property in violation of the direction of any law; and
(iv) dishonest use or disposal of property entrusted in violation of any legal contract.
' None of the above ingredients are present in the instant case. Rupees 25 lacs were not entrusted to the petitioner to keep the same on behalf of the complainant. The amount was given to the petitioner as a loan by the complainant so that petitioner could use or invest the same to do a business in any manner. The petitioner might be blamed for not returning or clearing the loan as required under the terms of agreement between the parties, nevertheless, prima facie, section 406, P.P.C. Is not attracted in the facts and circumstances of the present case.
6. The above discussion clearly shows that contents of F.I.R. Do not make out a case against the petitioner under section 406, P.P.C. And for the same reason involvement of the petitioner on ground of mala fide cannot be ruled out.
7. Thus, in view of the foregoing reasons, this bail application is allowed and interim bail already granted to the petitioner vide order, dated 23-11-2007 is confirmed subject to petitioner's furnishing surety bonds in the sum of Rs.300,000 with one surety in the like amount to the satisfaction of the trial Court or Area Magistrate.