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Petitioner: Shafqat Hussain VS Respondent: StateHonorable Justice Omar SialMuhammad Bilal Rashid
2025 Y L R 2350 [Sindh] Before Omar Sial, J Shafqat Hussain---Applicant Versus The State and another---Respondents Criminal Bail Application No. 2312 of 2021, decided on 22nd December, 2021. Criminal Procedure Code (V of 1898) --- ----S. 497(2)---Emigration Ordinance (XVIII of 1979), Ss. 22(b) & 17(2)(b)---Human trafficking---Post-arrest bail, grant of---Further inquiry---It was an admitted position that the business was run by co-accused person and that the petitioner was an employee at that business---The Investigating Officer (I.O) had confirmed that the money taken by the business from the complainant went into the account of the business---Investigating Officer further confirmed that the petitioner was not an authorized signatory of the bank account of the business---Investigating Officer also confirmed that during investigation no evidence was found to establish that any of the money taken from the complainant by the business found its way to the petitioner in any manner, whatsoever---In view of the foregoing findings during investigation, further inquiry was required to establish the nexus of the applicant with the crime complained of---Petitioner was admitted to bail, in circumstances.
Muhammad Bilal Rashid for Applicant. Muhammad Ahmed, Assistant Attorney General along with Gahzala Naureen I.O for the State. Order Omar Sial, J.---Shafqat Hussain has sought post arrest bail in crime number 156 of 2021 registered under sections 22(b) and 17(2)(b) of the Emigration Ordinance 1979 at the Anti-Human Trafficking Wing of the F.I.A. police station. Earlier, his application seeking bail was dismissed by the learned Special Judge (Central) - II at Karachi on 29-11-2021. 2. A background to the case is that the aforementioned FIR was registered on 12-11-2021 on the complaint of Muhammad Hassan Rasool. Although the FIR is lengthy, the complainant Rasool had in essence is as follows: 3. Co-accused Zuhair was the owner of an entity called Canadian Immigration Expert, whereas the applicant is an employee in that business. Rasool approached the business to explore immigration to Canada and after reviewing his paper-work, he was informed that his qualifications make him eligible for employment under a certain immigration program of the Canadian government. Rasool was supposed to pay USD 8000 in four installments for the services of the business. He paid two installments subsequently. Not much progress was made in the matter and after remaining in touch with the complainant, sometime in November 2018 both the accused i.e. Zuhair Ahmed and Shafqat Hussain became incommunicado. 4. I have heard the learned counsel for the applicant as well as the learned Assistant Attorney General. The complainant did not effect an appearance. The arguments of the learned counsel is not being reproduced for the sake of brevity but are reflected in the observations below. 5. It is an admitted position that the business was run by co-accused Zuhair Ahmed and that the applicant was an employee at that business. The investigating officer has confirmed that the money taken by the business from Rasool went into the account of the business. She further confirmed that the applicant is not an authorized signatory of the bank account of the business. She also confirmed that during investigation no evidence was found to establish that any of the money taken from Rasool by the business found its way to the applicant in any manner whatsoever. In view of the foregoing findings during investigation, further inquiry is required to establish the nexus of the applicant with the crime complained of. The applicant is therefore admitted to bail subject to his furnishing a solvent surety in the sum of Rs. 100,000 and a P.R. Bond in the like amount to the satisfaction of the learned trial court. MQ/S-51/Sindh Bail grante