Full Judgment Text & Judicial Ruling

2006 Y L R 2998

2006 Y L R 2998

[Lahore]

Before Sardar Muhammad Aslam, J

MUHAMMAD RAMZAN---Petitioner

Versus

THE STATE---Respondent

Criminal Miscellaneous No.8918-B of 2005, decided on 21st December, 2005.

Criminal Procedure Code (V of 1898)---

----S. 497----Emigration Ordinance (XVIII of 1979), Ss.17 & 22---Prevention and Control of Human Trafficking Ordinance (LIX of 2002), S.3---Bail, refusal of---Previous bail application of accused was dismissed on merits---Only ground claimed to be fresh one urged by counsel for accused was a statement of father of one of a camel kids deported from abroad exonerating accused from crime recorded by Special Magistrate---Such statement was recorded in the absence of officials from F.I.A. and on order from Sessions Judge--Identity Card of father of said camel kid was not examined, nor any evidence about his identity was taken on-record---Statement of said person/alleged father of camel kid was of no help to accused---Bail petition was dismissed, in circumstances.

Ch. Mushtaq Saleem for Petitioner.

Ch. Jehangir Wahlah, Standing Counsel for the State.

ORDER

SARDAR MUHAMMAD ASLAM, J.--The petitioner seeks bail after arrest in case F.I.R. No.237 dated, 19-4-2005 registered under sections 17/22 of the Emigration Ordinance, 1979 read with section 3 of the Human Trafficking Ordinance, 2002 at Police Station, F.I.A., PC, Lahore, Circle.

2. Briefly the allegation against the petitioner is that he along with two children namely Fayyaz and Amjad having emergency passports travelled from Dubai to Lahore on 18-4-2005. On suspicion, Emigration Authorities sent the petitioner along with children to Passport Circle Lahore for registration of case as he was found involved in human trafficking for camel race.

I have heard the learned counsel for the petitioner as well as the learned Standing Counsel and perused the record.

The petitioner's previous bail application was dismissed on merits on 23-6-2005, the relevant portion is reproduced-as under:--

??????????? "The petitioner is an accused of taking his own son Fayyaz Ahmad and a child ? namely Amjad of a relation Murid Ahmad on forged names to Abu Dhabi to be ??? employed as camel Kid in Camel Race. Confession of the petitioner before the ?????? police may not be admissible against him but on record there is a statement of ?? Murid Ahmad, father of Amjad. He stated that his son Amjad was taken to Abu ???? Dhabi for employment as Camel Kid and the petitioner was sending him the ??????????? money for the job undertaken by his son. The .petitioner does not deserve any ? leniency or mercy, who is such a desperate and callous, that he not only risked ?? the life of a child of a relation, but his own son, for the lust of money."

5. The only ground claimed to be a fresh one urged by the learned counsel for the petitioner is a statement of Murid Hussain father of Amjad a Camel Kid deported from abroad exonerating the petitioner from crime recorded by the Special Magistrate on 16-8-2005. It was recorded in the absence of officials from the F.I.A. and an order from the learned Sessions Judge. Murid Hussain was allegedly identified by his learned counsel. His identity card was not examined nor any evidence about his identification was taken on record. The statement of Murid Hussain will thus, is of no help to the petitioner.

6. Reiterating the reasons in order dated??????????? 23-6-2005, this petition is dismissed.

H.B.T./M-472/L????????????????????????????????????????????????????????????????????????????????????????????? Bail refused.

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