IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Maqbool Baqar 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Criminal Petition No.166-L of 2020 
(Against order dated 17.2.2020 of the 
Lahore High Court, Lahore passed in 
Cr.Misc No.2799-B/2020) 
 
Hassan Javed 
  
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State & Nasr Hussain 
…Respondent(s) 
 
For the Petitioner(s): 
Ch. Imran Raza Chadhar, ASC 
 
For the Complainant: 
Mr. M. Wasim, ASC 
 
For the State: 
Mr. 
Muhammad 
Jaffar, 
Additional  
Prosecutor General Punjab  
 
Ghulam Haider, I.O./ASI with record
 
 
 
Date of hearing: 
06.03.2020. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Hassan Javed, 
petitioner herein, anticipating arrest, seeks admission to bail; he has 
been accused by his employer Naseer Hussain for committing criminal 
breach of trust along with Abu Turab, Jarar Haider and Muhammad 
Atif in consequence whereof the company, styled as Dev Batch (Pvt.) 
suffered a loss of US $50000. It is alleged that, alarmed by persisting 
loss, the Director of the company arranged audit of the accounts to 
discover that the accused were receiving payments by the customers in 
their personal accounts and that they also transacted payments from 
company’s account for consignments personally settled with foreign 
customers. It is further alleged that when confronted with the foul play 
the accused confessed the guilt and paid back a sum of US $6261 with 
an undertaking for the remainder, subsequently retracted, prompting 
recourse to law.  
 
It is argued that the intended arrest is tainted with mala fide 
inasmuch as the process of law is being abused to convert a rendition 
issue into a criminal prosecution to cast its rigor upon the petitioner, 
vulnerably placed; there is nothing on the record to even obliquely 
Criminal Petition No.166-L of 2020 
 
 
2
suggest breach of trust within the contemplation of section 405 of the 
Pakistan Penal Code, 1860, concluded the learned counsel.  
2. 
 
Heard. Record perused. 
3. 
 
Petitioner’s employment with the complainant is a common 
ground, nonetheless, accusation notwithstanding, learned law officer 
assisted by learned counsel for the complainant has not been able to 
point out, even obliquely, any material/evidence to establish alleged 
transactions, each admittedly documented; there is no statement on the 
record to confirm confession by the  accused, either individually or 
jointly. In addition to the crime report, the only statement is that of 
Bilal Ahmed PW, who referred to some “voice messaging” by the 
petitioner as proof of his guilt without production thereof before the 
Investigating 
Officer, 
foreclosing 
the 
possibility 
of 
its 
forensic 
confirmation. Not even the time or date of impugned transactions is 
mentioned in the crime report; investigation sans the details as well. 
Loss, allegedly incurred by the employees, cannot be equated with 
breach of trust. Prosecution has to structure itself upon foundations yet 
to be laid and this by itself brings petitioner’s case within the remit of 
sub section 2 of Section 497 of the Code of Criminal Procedure, 1898, a 
coordinate requirement for the grant of relief, prayed for; the foregoing 
status of the case is confirmed by no other than the Investigating 
Officer himself vide case diary dated 8.1.2020. Even otherwise, 
argument that mala fide is lurking behind the intended arrest cannot be 
dismissed out of hand  and as such given the petitioner’s clean past, his 
remission into custody would be a measure far from being 
conscionable. A case for judicial protection stands made out. The 
petition is converted into appeal; allowed; the petitioner is admitted to 
anticipatory bail on furnishing bonds in the sum of Rs.1,00,000/- (one 
lac) with two sureties each in the like amount to the satisfaction of the 
trial Court. Above observations shall not cast their shadow on the 
outcome of the trial, to be essentially settled on the strength of available 
evidence. 
 
 
Judge 
 
 
Judge 
Lahore, the 
6th March, 2020 
Not approved for reporting 
Ghulam Raza/- 
