Muhammad Boota and Ghulam Haider , petitioners have prayed for pre-arrest bail in case FIR No. 351/2019 dated 09.10.2019 registered at Police Station Satrah, District Sialkot for the of fence under Section 406 PPC.
2. Arguments heard and record perused.
3. FIR was registered of complainant of Muhammad Iqbal. As per FIR itself amount in question was given by complainant to the petitioners as price of a house, as such, it prima facie cannot be termed as entrustment within the meanings of Section 405, PPC. Moreover , prior to registration of instant FIR, complainant had already filed a civil suit for specific performance of contract against petitioners qua the disputed house on the basis of story as mentioned in the FIR, implying thereby dispute between the parties was of civil nature. That being so attempt has been made by complainant to convert dispute of civil nature into criminal one. Therefore, false implication cannot be ruled out. Handing over petitioners' custody to police for the recovery of any amount at this stage would not proper . Therefore, petition in hand is allowed and ad-interim pre-arrest bail granted to petitioners, is confirmed subject to furnishing bail bonds in the sum, of Rs. 1,00,000/- each with one suret y each in the like amount to the satisfaction of learned trial Courts.