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Petitioner: MUHAMMAD ARSHAD VS Respondent: StateHonorable Justice Mian Muhammad Najam-uz-ZamanFayyaz Ahmed Mahr
2007 Y L R 3090
2007 Y L R 3090
[Lahore]
Before Mian Muhammad Najam-uz-Zaman, J
MUHAMMAD ARSHAD---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No. 9469/B of 2005, decided on 6th February, 2006.
Criminal Procedure Code (V of 1898)---
----S.497---Emigration Ordinance (XVIII of 1979), Ss.17/22---Bail, grant of--- Allegation against the accused was, that he had acted as a sub-agent of the company which had sent the complainant abroad---Admittedly, no direct evidence was available on record to show that the accused was a sub-agent of the said company---Case of accused, prima facie, fell within the ambit of further inquiry entitling him to concession of bail---Accused was admitted to bail accordingly.
Fayyaz Ahmed Mahr for Petitioner.
Muhammad Riaz, S.-I.
ORDER
MIAN MUHAMMAD NAJAM -UZ-ZAMAN, J.---Seeks post-arrest bail in case F.I.R. No.216/2005 dated 6/5/2005 for the offence under sections 17/22 of B.O., 1979 registered at Police Station F.I.A., P.C., Gujranwala.
2. The allegation against the petitioner as penned in the F.I.R. is that he received Rs. 1,30,000 from Bashir Ahmed complainant (intending immigrant) on the pretext of sending him abroad for employment. Allegedly the said commitment was never honoured nor the disputed amount had been returned.
3. After hearing learned counsel for the parties and perusing the record, I have observed that the complainant of this case was sent abroad by Overseas Employment Promoter running the Company under the name of Versatile International Services. The allegation against the petitioner is that he had acted as a sub-agent of the said company but admittedly there is no direct evidence on record that petitioner is sub-agent of the said company i.e. Versatile International Services. In this view of the matter, prima facie, the case of the petitioner falls within the ambit of further inquiry entitling him to the concession of bail. Accordingly this petition is allowed and petitioner is admitted to bail subject to his furnishing bail bonds amounting to Rs.1,00,000 (rupees one lac) with one surety in the like amount to the satisfaction of D.R. (Judicial) of this Bench.
N.H.Q./M-45/L Bail allowed.