Muhammad Akram, petitioner seeks pre-arrest bail in case registered vide FIR No. 328 dated 07.6.2021 at Police Station Qila Didar Singh, District Gujranwala for of fence under Section 406, PPC.
2. The allegation against the petitioner is that of committing criminal breach of trust.
3. After hearing the learned counsel for the parties and perusing the record, it was noticed that the occurrence took place on 15.2.2019 but the incident was reported after about twenty eight months of the occurrence i.e. on 07.6.2021. No plausible explanation was forthcoming on record for such delay . No time of occurrence find mentioned in the crime report, which suggested the business relations between the parties. The record suggested that a suit filed by the petitioner for rendition of accounts is pending adjudication between the parties prior to the registration of the FIR: This would also be adjudged by the learned trial Court after recording evidence, at trial if constituents of Section 406, PPC are made out. The petitioner has joined the investigation and nothing was recovered from him. Even otherwise, it is difficult to prove the element of mala-fide by the accused through positive/solid evidence/material and the same is to be deduced and inferred from the facts and circumstances of the case. In the circumstances, the petitioner has succeeded to make out a case for confirmation of ad-interim pre- arrest bail.
4. For the foregoing reasons, the application is allowed and the ad-interim pre-arrest bail earlier granted to the petitioner is confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 100,000/-with one surety in the like amount to the satisfaction of the learned trial Court/Duty Judge.