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Section 406 Pre-arrest Bail Case Laws PLJ 2020 CRC Lahore 369

PLJ 2020 CrC Lahore 369 Section 406 Pre-arrest Bail Case Laws

PLJ 2020 CrC Lahore 369 Section 406 Pre-arrest Bail Case Laws. Criminal Procedure Code, 1898 (V of 1898)—Ss. 497(2) & 498–Pakistan Penal Code, (XLV of 1860), S. 406–Pre-arrest bail, grant of–Further inquiry–It is own case of the prosecution that accused was doing business of property and four years prior to the registration of instant case he asked the complainant for paying Rs.30,00,000/- (thirty lacs) because he is making a deal of property and resultantly complainant paid him said amount which has not been paid back by accused/petitioner; therefore, it is crystal clear that aforementioned amount was given by complainant and taken by petitioner/accused as loan with promise to pay back the same when his deal of property will be cleared; which is purely a civil dispute regarding non-payment of amount which was taken as loan and prima facie any offence punishable under Section 406, PPC is not made out because basic ingredient of Section 405, PPC punishable under Section 406, PPC is missing–Therefore, case of the petitioner falls in the ambit of further inquiry i.e. Section 497 (2), Cr.P.C.–Bail confirmed.

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