Petitioner Muhammad Nasir has sought concession of pre arrest bail in case FIR No, 33/2012 dated 30.1.2012 registered under Section 406, PPC at Police Station City Liaqatpur District Rahim Yar Khan.
2. According to the FIR, the police took into possession four buffaloes, three cows and two calves under Section 550, Cr.P.C. vide Rapt.No, 15 dated 18.12.2011 and were given in the temporary custody of Muhammad Ishfaq son of Hafiz Rukan Din at the behest and in the presence of Adil, Muhammad Asghar, Muhammad Nasir, Muhammad Sharif and Iftikhar Ahmad. Later on, Muhammad Ishfaq and Muhammad Nasir failed to produce the said cattle before the police, who was booked under Section 406, PPC for the criminal breach of trust.
3. Learned counsel for the petitioner has contended that the case against the petitioner is false and concocted one; that the petitioner has been falsely implicated in this case; that the cattle were not entrusted to the petitioner as such, the question of criminal breach of trust does not arise at all.
4. During the course of arguments, learned DPG and Rab Nawaz SI have admitted that no entrustment of cattle was made to the present petitioner while the learned counsel for the complainant has opposed this petition.
5. I have heard learned counsel for the parties and have perused the record.
6. In order to prove the allegation of criminal breach of trust, the prosecution must prove not only entrustment but also that the accused misappropriated the same property. The criminal breach of trust has been defined Under Section 405, PPC, which reads as under: "Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishoestly use or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits "criminal breach of trust". "
7. The bare perusal of FIR reveals that the cattle in question were given to Muhammad Ishfaq son of Hafiz Rukan Din for temporary custody by the police and were not entrusted to the present petitioner at all, so the question of criminal breach of trust by the present petitioner does not arise at all. Learned DPG as well as Rab Nawaz SI/I.O., present in the Court, has admitted that no entrustment of cattle was made to the present petitioner, therefore, the question of misappropriation does not arise at all.
In view of above, the petition in hand is allowed and ad interim pre arrest bail already granted to the petitioner vide order dated 16.3.2012 is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of the learned trial Court.