SAYYED MAZAHAR ALI AKBAR NAQVI, J. - By means of instant. Petition Manzoor Ahmed petitioner has sought for his post-arrest bail in case F.I.R. No. 349/2010, dated 27.5.2010, offence under Section 406, P.P.C. Police Station Rail Bazar, Faisalabad.
2. Allegation against the petitioner, in brief, as per contents of F.I.R. Is that he alongwith his co- accused Malik Muhammad Anwar committed criminal breach of trust by way of misappropriating fabric of the complainant valuing Rs. 11,00,000/-.
3. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been involved in this case, which admittedly has been lodged after an unexplained delay of more than one month. It is next argued that the instant case has been got registered due to business rivalry and neither the complainant handed over any othes to the petitioner nor there exists any godown, which fact has also come on record during the course of investigation. Learned submitted that the complainant has tried to convert civil litigation into criminal proceedings just to pressurize the petitioner. Learned counsel further argued that though the petitioner has suffered 13 days physical remand but nothing incriminating has been recovered on his pointing out. Lastly, learned counsel submitted that case against the petitioner is not covered under prohibitory clause of Section 497(1), Cr.P.C.
4. On the other hand, learned D.P.G. Has opposed the contentions raised on behalf of the petitioner.
It is argued that the petitioner is well-nominated in the F.I.R. It is argued that challan against the petitioner has been submitted in the Court; therefore, he is not entitled to the concession of bail.
5. Arguments advanced pro and contra have been heard. I have also gone through the record available on file.
6. Though the petitioner is named in the F.LR., however, admittedly the crime report was lodged after a delay of more than one month without plausible explanation. I am not inclined to comment upon the contention of learned counsel for the petitioner that no such godown exists as narrated in the F.I.R. Lest it may prejudice the case of either party at trial, however, I may mention here that during the course of physical remand, nothing incriminating was recovered on the pointing out of the petitioner. As the petitioner as well as complainant are traders of cloth, therefore, contention ..Of learned counsel for the petitioner that the instant case has been got registered due to business rivalry/jealousy cannot be ruled out altogether.
7. So far as contention of learned D.P.G. That challan against the petitioner has been submitted in the Court is concerned, suffice it to say that there is chain of judgments of the Superior Courts; wherein it is held that' submission of challan does not bar grant of concession of bail if otherwise case for grant of such relief is made out. Needless to mention that case against the petitioner does not fall within the prohibition contained in Section 497(1), Cr.P.C. And in such-like cases as per dictum of august Supreme Court of Pakistan in the case of Tariq Bashir and 5 others v. The State (PLD 1995 S.C. 34) bail is a rule and refusal an exception.
9. For the foregoing reasons this Court is persuaded to accept this petition as a consequence whereof the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of learned Trial Court.