Lahore High Court Grants Pre-Arrest Bail to Accused Women due to Lack of Essential Elements of Criminal Breach of Trust
Islamabad 18-03-2025: The Lahore High Court (LHC) has granted pre-arrest bail to two women accused in a fraud case involving alleged misappropriation of marriage expenses. Mr. Justice Tanveer Ahmad Sheikh, while deciding [Crl. Misc. No. 7172-B/2025], ruled that the prosecution had failed to establish Criminal breach of trust, as the disputed amount was deemed a gift rather than entrusted property.
The case stemmed from FIR No. 1278/2024, registered under Sections 406 and 420 of the Pakistan Penal Code (PPC) at Police Station Satellite Town, Sargodha. The complainant, , alleged that the accused ladies, had fraudulently taken Rs.190,000/- and two gold rings on the pretext of marriage expenses but later severed ties and failed to return the money.
The Petitioners argued that the addition of Section 406 PPC (a non-bailable offense) was malafide, as the FIR was initially registered under Section 420 PPC (a bailable offense). They further contended that the case was police retaliation, as a accused lady had earlier filed a petition under Sections 22-A & 22-B Cr.P.C. against the police.
The prosecution, however, opposed the bail plea, asserting that the accused were habitual fraudsters and had previously obtained ad-interim bail but failed to submit surety bonds.
The Lahore High Court rejected the prosecution’s argument, ruling that:
- The prosecution failed to prove entrustment, a key element of Criminal breach of trust under Section 406 PPC.
- The case appeared weak, creating a presumption of malafide intent.
- Criminal law cannot be used to settle personal or family disputes.
- Female accused should not be subjected to unnecessary police custody, considering social and gender sensitivities.
Relying on precedents such as (PLD 2021 SC 708), (PLD 1988 Lahore 507), and 1988 P.Cr.LJ 586 Karachi, the Court emphasized that weak prosecution cases often indicate malafide intent.
Granting pre-arrest bail, the Lahore High Court directed the petitioners to submit surety bonds worth Rs.200,000/- each. The Court clarified that observations in the bail order are tentative and shall not influence trial proceedings.
This decision reinforces judicial safeguards against malicious prosecutions and upholds the principle that Criminal Law should not be weaponized for personal vendettas or police retaliation.
Powered by Froala Editor
