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Search Results: Categories: 188 CrPC (1 found)
Muhammad Irshad Vs The State etc
Citation: 2025 LHC 1359
Case No: Crl. Misc. No. 7151/25
Judgment Date: 11/03/2025
Jurisdiction: Lahore High Court
Judge: Justice Tanveer Ahmad Sheikh
154 CrPC188 CrPC405 PPC406 PPC408 PPC496 CrPC497 CrPC498 CrPCAnti Money LaunderingBail Before ArrestCriminal LawPre-Arrest Bail
Summary: Bail denied ---- (a) Criminal Procedure Code (V of 1898)----Ss. 496, 497, 498 & 154---Pre-arrest bail---Foreign offence---Registration of FIR in Pakistan---Double jeopardy---Scope---Petitioner, accused of embezzling funds while employed in Oman, sought pre-arrest bail in Pakistan---FIR alleged that petitioner received cash, a diamond ring, and a bank card from complainant in Muscat, Oman, and instead of fulfilling assigned duties, transferred Omani Riyals into his and his wife’s bank accounts in Pakistan, then absconded---Petitioner argued that registration of FIR in Pakistan amounted to double jeopardy, since complaint had already been lodged in Oman---Held, registration of FIR in Pakistan not barred under S. 188, Cr.P.C., where a Pakistani citizen commits offence abroad---Criminal courts in Pakistan can try such persons if found within the country---Section 403 Cr.P.C. protection (against double jeopardy) only applies where accused has been tried and convicted or acquitted by competent court---No such trial or acquittal/conviction occurred in Oman, thus protection of S. 403 not attracted---Petitioner's objection regarding double jeopardy rejected.(b) Pakistan Penal Code (XLV of 1860)----Ss. 406, 408 & 405---Criminal breach of trust by servant---Misappropriation---Transfer of embezzled funds---Scope---Petitioner, employed as a driver in complainant’s company in Oman, was entrusted with significant cash, jewelry, and bank card---Instead of performing his duty, petitioner misappropriated the entrusted assets and transferred equivalent amount into his and his wife's bank accounts in Pakistan---Held, entrustment and subsequent dishonest misappropriation satisfied ingredients of criminal breach of trust under Ss. 405 & 408, PPC---Petitioner failed to dislodge prima facie evidence of his involvement or establish mala fide on part of complainant---Grant of pre-arrest bail held not justified.(c) Anti-Money Laundering Act, 2010----S. 3---Proceeds of crime---Offence committed abroad---Transfer of criminal proceeds into Pakistani accounts---Scope---Held, petitioner’s act of transferring embezzled funds from Oman into his and his wife's bank accounts in Pakistan, knowing it was illicit wealth, attracted provisions of Anti-Money Laundering Act, 2010---Investigating Officer directed to examine applicability of AMLA provisions for further legal action.(d) Criminal Procedure Code (V of 1898)----Ss. 498 & 497---Pre-arrest bail---Extraordinary relief---Scope---Held, bail before arrest is an extraordinary concession granted only in cases of mala fide or false implication---Where strong prima facie evidence connects accused with offence, and no enmity or ulterior motive is established, bail cannot be granted---Petitioner’s plea of victimization held baseless---Ad-interim bail withdrawn.Disposition: Petition dismissed; ad-interim pre-arrest bail withdrawn.Cited Cases:• Dr. Imran murder case, Islamabad High Court (2022 PCr.LJ 1511)• 2011 YLR 2882• Section 403 Cr.P.C. interpreted in light of foreign prosecution protectionsCited Legislation:• Pakistan Penal Code (XLV of 1860), Ss. 405, 406, 408• Criminal Procedure Code (V of 1898), Ss. 3, 154, 188, 403, 496–498• Anti-Money Laundering Act, 2010, S. 3