' SH. AHMAD FAROOQ, J.---The instant post arrest bail petition has been filed on behalf of Syed Muhammad Abbas Naqvi, who is behind the bars, in a case arising out of F.I.R. No,489 of 2010, dated 19-6-2010, registered in Police Station City Tandlianwala, District Faisalabad, under sections 380/406/420, P.P.C.
2. Precisely, the prosecution story as narrated by the complainant/Hameed Tubassam, in the F.I.R., is that he developed acquaintance with the accused during his visits to Data Darbar Mosque for saying Juma prayers and the accused persuaded him to purchase prize bonds on the pretext that they would ensure huge prize on the prize bonds through spiritual exercise, thereupon, the complainant purchased and handed ever three prize bonds worth Rs,40,000 each to the accused, who demanded 1/10th share out of the prospective profit and in this connection, the complainant gave four cheques of the total amount of Rs,13,20,000 to the accused as surety. The accused are also alleged to have demanded additional amount from the complainant for performing religious ritual to obtain the amount of prize and the same was deposited by the brother of the complainant in the account of the accused No,1 present petitioner. The complainant further alleged that the accused visited his house on 29-5-2010 and made them unconscious through deceitful tactics and on regaining consciousness, they found gold ornaments weighing 30 tolas, hard cash of Rs,3,00 000, ladies garments and imported bag, missing from the cupboard. Lastly, the complainant alleged that the accused has misappropriated an amount of Rs,11,00,000, approximately, in addition to stealing Rs,3,00,000 hard cash and other valuable articles from his house.
3. Learned counsel for the petitioner submitted that there is a delay of 20 days in the registration of the case as the occurrence took place on 29-5-2010, whereas the F.I.R. Was lodged on 19-6-2010.
He further submitted that the instant F.I.R. Has been got registered by the complainant as a counterblast to the case arising out of the F.I.R. No,653 of 2009, under section 489-F, P.P.C., lodged by the present petitioner in Police Station Nawan Kot, Lahore, against the present complainant. He maintained that no recovery has been effected from the present petitioner and during investigation, the offence falling under section 380, P.P.C. Has been deleted. He argued that there is a civil litigation between the parties, due to which the petitioner has been falsely implicated by the complainant in the instant case. He further argued that the case of the present petitioner falls within the ambit of further inquiry, entitling him to be released on bail.
4. Conversely, the learned counsel for the complainant as well as the learned Deputy Prosecutor- General vehemently opposed the instant petition on the ground that there was no business relationship between the parties and the present petitioner has cheated many persons on the pretext of having some spiritual power. They maintained that an F.I.R. No,599/09 was registered against the present petitioner under section 376, P.P.C. In Police Station Saddar, Arifwala. They claimed that the present petitioner lodged an F.I.R. No,653 of 2010, under section 489-F, P.P.C. In Police Station Nawankot, Lahore, against the complainant after the registration of the instant case.
They argued that the petitioner has looted many innocent people on the pretext of being a "Peer".
5. Arguments heard. Record perused.
6. Prima facie, neither there is any business transaction between the parties nor the complainant has any mala fide intention for false implication of the present petitioner in the instant case. During the investigation, it has come on record that the present petitioner got published advertisement in different newspapers, wherein he pretended to be a person possessing some spiritual power i.e, Peer. It seems that the petitioner has deprived the. Complainant of a huge amount on the pretext of winning prize money on the prize bonds. No doubt, during investigation, offence falling within the mischief of section 380, P.P.C. Had been deleted but the present petitioner has prima facie committed a criminal breach of trust. Notwithstanding the fact that the punishment of the offences, alleged to have been committed by the present petitioner, does not fall within the prohibitory clause of section 497(1), Cr.P.C., the present petitioner is not entitled to be released on bail, as he is likely to repeat the offence and cheat the people by pretending to be a "Peer". Such like people are responsible for destroying the social and moral fabric of the society and extraordinary concession of bail should not be extended to them. The petitioner is behind the bars for the last about two months only and he has, prima facie, misappropriated approximately an amount of Rs,15,00,000, in addition to fraudulently procuring cheques amounting to Rs,13,20,000 from the complainant.
7. In view of above, the present petitioner is not entitled to be released on bail. Resultantly, the instant post arrest bail, filed on behalf of Syed Muhammad Abbas Naqvi, is dismissed.