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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD RIAZ VS Respondent: StateHonorable Justice Mian Muhammad Najam-uz-ZamanFayyaz Ahmad Mehr,Sh. Javed Sarfraz
2005 P Cr
2005 P Cr. L J 1705
[Lahore]
Before Mian Muhammad Najam-uz-Zaman, J
MUHAMMAD RIAZ---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.6187/B of 2004, decided on 8th October, 2004.
Criminal Procedure Code (V of 1898)---
----S. 497---Emigration Ordinance (XVIII of 1979), Ss. 17 & 22---Bail, grant of---Entire case of prosecution against accused was in the form of oral evidence and nothing was recovered from accused during investigation---One of prosecution witnesses was real maternal aunt of accused who had some family dispute with father of accused and allegedly at the behest of her husband false case had been concocted against the accused---Investigation of case was complete and accused, who was behind the bars for the last more than six months, was no more required for said purpose---Challan in the case though had already been submitted, but no progress had been made in the matter pending before Trial Court---Further incarceration of accused, in circumstances, would not serve any purpose---Accused was admitted to bail, in circumstances.
Fayyaz Ahmad Mehr for Petitioner.
Sh. Javed Sarfraz Standing Counsel for the State.
Shahid Habib, S.-I. F.I.A.
ORDER
Seeks post-arrest bail in case F.I.R. No.196 of 2004, dated 27-2-2004 for the offences under sections 17/22 of Emigration Ordinance, 1979 registered at Police Station F.I.A. Passport Circle, Lahore.
2. In nutshell the allegation against the petitioner as penned in the F.I.R. is that he received Rs.1,01,000 along with passport from the complainant on the pretext of sending his son Gulfam Shahzad to Saudi Arabia for employment in the year 2000 and this transaction took place in the presence of Mst. Zahida Bashir and Muhammad Ilyas. Allegedly out of the disputed amount petitioner had repaid Rs. 10,000.
During the investigation petitioner was arrested on 30-3-2004. Bail application of the petitioner was dismissed by the Special Judge (Central) Lahore vide order, dated 10-6-2004, hence this petition.
3. Heard. File perused.
4. The entire case of the prosecution against the petitioner is in the form of oral evidence and admittedly nothing was recovered from the petitioner during the investigation. One of the prosecution witness namely Mst. Zahida Bashir, statedly, is real maternal-aunt of the petitioner who has some family dispute with the father of the petitioner and allegedly at the behest of her husband this false case has been concocted against the petitioner. The investigation of this case is complete, petitioner who is behind the bars for the last more than six months is no more required for the said purpose. Though the challan in this case has already been submitted but till today there is no progress in the matter pending before the trial Court. Further incarceration of the petitioner in the circumstances of this case would not serve any purpose. Accordingly, this petition is allowed and the petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court.
H.B.T./M-1148/L Bail granted.