ORDER RAUF AHMAD SHEIKH, J. Petitioner seeks pre-arrest bail in case F.I.R. No.61 of 2011 dated 17-1- 2011 under section 406, P.P.C. Police Station City Tandlianwala District Faisalabad.
Briefly stated the prosecution version as set forth in the F.I.R. Recorded on the written application of Mst. Jallan Bibi complainant is that she gave gold ornaments weighing 3-Tolas to Haq Nawaz petitioner, who is her brother-in-law, for safe custody and that a theft was committed in his house but subsequently he received the stolen property including her ornaments, which have subsequently been misappropriated and he has thus committed breach of trust.
2. It is contended that due to rejection of proposal for giving hands of petitioner's daughter to the son of the complainant, he has been roped in the false case, It is urged that initially petitioner filed a suit for recovery of 3-Tolas gold ornaments and sum of Rs.3,400 which was dismissed due to non-payment of court-fee and subsequently she filed a suit for recovery of gold ornaments weighing 1/2 tola and sum of Rs.1,700 which was dismissed on merits after recording evidence of the parties so the instant case has been got registered with ulterior motive and as such the petitioner is entitled to concession of bail.
3. The learned D.P.-G. Has stated that except for statement of the complainant no evidence is available on the file against the petitioner but has urged that - he is specifically nominated in the F.I.R. So he is not entitled to the concession of bail.
4. The learned counsel for the complainant has vehemently opposed the petition. It is contended that the remedies on criminal and civil side are available at the same time and can be availed of simultaneously. It is contended that the petitioner is real Brother-in-law of the complainant and there was no reason for her to implicate him in the false case. In support of contentions raised reliance is placed on PLD 2002 SC 529 and 2006 YLR 61.
5. Perusal of record reveals that the complainant had filed the Civil Suit No.204-I for recovery of Rs.1,700 and gold ornaments weighing 1/2 Tolas in the court of Civil Judge, Tandlianwala, which was dismissed with the findings that her contention is incorrect. Now she has increased her claim and contends that she had given gold ornaments weighing 3-Tolas. 'The learned Civil Judge had categorically held that the complainant could not substantiate her contention as no evidence was produced. Even no tangible proof is available on the police file to show that the gold ornaments were in fact given to the petitioner due to mutual trust. It is true that remedies of civil and criminal side can be availed of simultaneously but in the present case her contention has already been rejected by the civil court so allegation against the petitioner is highly doubtful and the case needs further probe and inquiry within the meanings of section 497(2), Cr.P.C. So the benefit of the same is to be resolved in favour of the petitioner even at bail stage. The case-law cited at the bar by the learned counsel for the petitioner is not applicable on the peculiar facts of this case. The petition is accepted and ad interim pre-arrest bail already granted to petitioner is confirmed subject to furnishing bail bonds in the sum of Rs.25,000 with one surety in the like amount to the satisfaction of the learned trial Court.