MALIK SHAHZAD AHMAD KHAN, J.---The petitioner Muhammad Imran through the instant petition seeks pre-arrest bail in case FIR No, 551 dated 18.05.2018 registered at Police Station Ichra District Lahore offence under Section 406 of P.P.C.
2. Arguments heard. Record perused.
3. As per brief allegations leveled in the FIR, the complainant had friendly relationship with the petitioner. On 28.02.2018 at 04:00 p.m., the complainant handed over an amount of Rs.900,000/- as trust to the petitioner in presence of the witnesses, namely, Ahsan Mudassar and Khadim and later on, when he (complainant) demanded the abovementioned amount, the petitioner refused to return the same hence, the abovementioned FIR. It is not understandable that when there are so many banks in the city of Lahore then why the complainant handed over the amount of Rs.900,000/- to the petitioner for keeping the said amount as trust with him. Prima facie, it appears that the word 'amanat' (trust) has malafidely been mentioned by the complainant in the FIR in order to make it a cognizable offence punishable under Section 406 of P.P.C. The Hon'ble Supreme Court of Pakistan in the case of Miraj Khan v. Gul Ahmed and 3 others (2000 SCM R 122), has held that by merely mentioning the word 'amanat' (trust), in the contents of the FIR would not attract the provisions of Section 405 of P.P.C. punishable under Section 406 of P.P.C., when otherwise ingredients of the said offence are not attracted from the contents of the FIR. No specific denomination, identification marks or number of the currency notes, which were handed over by the complainant to the petitioner, have been mentioned in the FIR therefore, this petition cannot be dismissed merely on the ground of possible recovery of the amount of the complainant from the petitioner. Reliance in this respect may be placed on the case of "Shahid Imran v. The State and others" (2011 SCM R 1614). Possibility of mala fide involvement of the petitioner in this case by the complainant due to money dispute between the parties cannot be ruled out at this stage therefore, this petition is allowed and interim pre-arrest bail already granted to the petitioner is confirmed subject to his furnishing the bail bonds in the sum of Rs.100,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.