PLJ 2023 Cr.C. (Note) 136
[Lahore High Court, Lahore]
Present: Syed Shahbaz Ali Rizvi, J.
SIDDIQUE--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 74241/B of 2022, decided on 21.12.2022.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Emigration Ordinance, (XVIII of 1979), Ss. 17 & 22--Post-arrest bail, grant of--Allegation of--Petitioner and co-accused received an amount of Rs. 9,60,000/-with promise to arrange police jobs for complainant and his friends in Bahrain--Petitioner neither is a travel agent nor holds any such like office--Except oral evidence, no documentary evidence with regard to alleged promise of petitioner or receiving of amount of Rs. 960,000/-from complainant is available on file--The cheque in possession of complainant statedly of petitioner’s account is of Rs. 460,000/---These circumstances make case of petitioner one of further inquiry into his guilt entitling him to grant of post arrest bail in this case-- Section 17 of Emigration Ordinance, 1979, is punishable for five years sentence of imprisonment while though Section 22 of Ordinance ibid carries sentence of imprisonment exceeding up to fourteen years yet alternate sentence of fine is also provided for said offence--In circumstances mentioned supra, keeping petitioner further incarcerated till conclusion of trial, not in sight, does not look justified--Petition is allowed and petitioner is admitted to post arrest bail subject to his furnishing bail. [Para 3] A
Mr. Javed Iqbal Malik, Advocate for Petitioner.
Ms. Amra Salam, Assistant Attorney General for State.
Complainant in person.
Date of hearing: 21.12.2022.
Order
Through this petition, Siddique petitioner seeks his release on post arrest bail in connection case FIR No. C-156 dated 10.03.2020 registered for offences under Sections 17 & 22 of Emigration Ordinance, 1979, at Police Station FIA Circle Gujranwala.
2. Arguments heard. Record perused.
3. Though as per crime report petitioner along with his co-accused Bilal Ahmad being in connivance with each other, received an amount of Rs. 960,000/-with the promise to arrange police jobs for complainant and his friend, in Bahrain that he could not do. Petitioner was arrested in this case on 01.10.2022 but during his physical custody neither any passport nor other documents or amount could be recovered at his instance. Investigation Officer present in Court concedes that the petitioner does not have any previous criminal record and even not a single complaint against him is in his notice. He further admits that the petitioner neither is a travel agent nor holds any such like office. Except the oral evidence, no documentary evidence with regard to the alleged promise of the petitioner or receiving of amount of Rs. 960,000/-from the complainant is available on file. The cheque in possession of the complainant statedly of the petitioner’s account is of Rs. 460,000/-. These circumstances make the case of petitioner one of further inquiry into his guilt entitling him to the grant of post arrest bail in this case. Even otherwise, Section 17 of Emigration Ordinance, 1979, is punishable for five years sentence of imprisonment while though Section 22 of the Ordinance ibid carries sentence of imprisonment exceeding up to fourteen years yet alternate sentence of fine is also provided for the said offence. In the circumstances mentioned supra, keeping the petitioner further incarcerated till conclusion of trial, not in sight, does not look justified. Hence, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum-of Rs. 200,000/-with two sureties each in the like amount to the satisfaction of learned trial Court.
(A.A.K.) Bail allowed
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