' Through this petition Tariq Ali, the petitioner has sought pre-arrest bail in case FIR No, 366 dated 13.07.2016, in respect of offence under Section 406, PPC, registered at Police Station Chahlyak District Multan.
2. Brief allegations against the petitioner as contained in the FIR are that the complainant is a whole sale dealer of mobile phones, the petitioner along with Jaffar Abbas co-accused took the mobile phones valuing of Rs, 23,26,650/- in the presence of Muhammad Sharif and Muhammad Ismail PW's with the commitment that they will pay the amount till 20.03.2016, otherwise, mobile phones shall be returned as it is. Statedly Jaffar Abbas co-accused had made a commitment that he will pay the above said amount. In this regard an agreement dated 05.03.2016 was also executed between the parties that the accused persons would pay the above said amount or in case they are failed to comply with they would return the mobile phones in their original capacity but the petitioner along with his co-accused neither paid the amount nor returned mobile phones to the complainant. Hence this case was registered.
3. Heard. Record perused.
4. It is prosecution's own case that both the parties have business relation with each other and the mobile phones valuing of Rs, 23,26,650/- were handed over to the Jaffar Abbas for the purpose of sale with the promise that the amount shall be given to the complainant by his co-accused Jaffar Abbas. In this regard an agreement has been chalked out between the parties on 05.03.2016, wherein it has been categorically shown that the said agreement was executed between the complainant and Jaffar Abbas co-accused. It has further been mentioned that Jaffar Abbas has further alienated the material of (mobile phones) to the petitioner. After the agreement was made FIR was registered with the delay of more than four months and it was alleged therein that the material (mobile phones) was handed over to Jaffar Abbas and the petitioner which is after thought. However, an agreement is self-explanatory to the effect that the co-accused Jaffar Abbas was responsible to pay the amount and to entangle the petitioner in the alleged offences along with his co-accused seems to be after thought and based on mala fide intention on the part of the complainant: The offence of criminal breach of trust, prima facie is not made out as the ingredients of Section 405, PPC are not existed. The petitioner has already joined the investigation and to send the petitioner behind the bars would serve no useful purpose for the prosecution.
5. For the foregoing reasons, the petition in hand is allowed and ad-interim pre-arrest bail already granted to the petitioner on 10.10.2016 is hereby confirmed, subject to his furnishing fresh bail bonds in the sum of Rs, 1,00,000/- (rupees one hundred thousand only) with one surety in the like amount to the satisfaction of trial Court.