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Criminal Miscellaneous No. 2119‑B of 1984, decided on 15th August, 1984.
---S. 498‑‑Penal Code (XLV of 1860), Ss.406, 420 It 411‑‑Bail before arrest, grant of‑‑Wagon in dispute sold to petitioner for Rs. 50,000 under a written agreement whereby complainant received Rs. 10,000 in advance and balance was to be paid in monthly instalment of Rs. 2,000 but petitioner failed to pay balance and instead sold wagon to a third person‑‑Held, a case of civil nature‑‑Petitioner allowed bail, in circum stances.
Muhammad Aslam Sandhu for Petitioner.
Irshad Ahmad for the State.
Date of hearing: 15th August, 1984.
Masood Aslam Shah complainant sold Wagon No. RIH. 3496 for Rs. 50,000 to Zaka Ullah petitioner. An agreement was executed on 23‑7‑1983. The wagon was delivered to Zaka Ullah petitioner by the complainant after receiving Rs. 10,000 in cash according to this agreement. The remaining amount of Rs. 40,000 was to be paid by the Zaka Ullah petitioner to Masood Aslam complainant by instalments at the rate of Its. 2,000 per month. It is contended that accused had not paid the balance of Rs. 40,000 and instead had sold the wagon to a third person. On this allegation the present case was registered against the accused. He did not succeed to secure pre‑arrest bail from the Court of learned Additional Sessions Judge, Lahore. Hence this petition for pre‑arrest bail.
2. From the facts mentioned above, I am of the view that it is a case of civil nature. In this view of the matter, the petitioner is allowed bail before arrest on his furnishing bail bond in the sum of Rs. 50,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate, Model Town, Lahore. The petitioner will join investigation of this case as and when required by the Investigation Officer. If he fails to join investigation, an application for cancellation of bail can be made before the Sessions Judge, Lahore Court, is illegal.
S. G. D. Bail allowed
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