Full Judgment Text & Judicial Ruling

2005 P Cr

2005 P Cr. L J 1656

[Lahore]

Before Mian Muhammad Najam-uz-Zaman, J

MUHAMMAD SADIQ---Petitioner

Versus

THE STATE---Respondent

Criminal Miscellaneous No.6236/B of 2004, decided on 21st September, 2004.

Criminal Procedure Code (V of 1898)------

-----S. 497(2)-Emigration Ordinance (XVIII of 1979), Ss. 17 & 22---Bail, grant of---Further inquiry---Allegation against .accused was that about 3/4 years ago he received amount from complainant on the pretext of sending his brother to London for employment; that accused allegedly took brother of complainant to South Africa and while leaving him there came back to Pakistan and in that way complainant had been defrauded by accused---Brother of complainant had not returned to Pakistan from South Africa where he travelled along with accused---During investigation neither any travelling document was received from accused nor any kind of evidence showing that accused travelled to South Africa along with brother of complainant as alleged in F.I.R., had been brought on record---Why brother of complainant had not come to Pakistan and whether he had got any job in any foreign country, was a question which was to be answered by prosecution during trial---Story narrated in F.I.R. as well as facts available on record, prima facie were sufficient to bring case of accused within folds of further inquiry entitling him to concession of bail---Accused was admitted to bail, in circumstances.

Fayyaz Ahmed Mehr for Petitioner.

S.D. Qureshi for the State.

Gull Snober Khan, Inspector.

ORDER

Seeks post-arrest bail in case F.I.R. No.235 of 2004 dated 8-3-2004 for the offences under section 17/22 of E.O., 1979 registered at Police Station F.I.A. P.C. Lahore.

2. In nutshell the allegation against the petitioner is that about 3/4 years ago he received Rs.3,00,000 from Rana Naeem Anwar (complainant) on the pretext of sending his brother Imran Anwar to London for employment. Allegedly petitioner took Imran Anwar to South Africa and while leaving him there came back to Pakistan and in this way complainant had been defrauded by the petitioner.

During the investigation petitioner was arrested on 7-6-2004. Bail application of the petitioner was dismissed by Special Judge (Central), Lahore vide order, dated 22-7-2004 hence this petition.

3. Heard. File perused.

Admittedly till today Imran Anwar (brother of the complainant) has not returned to Pakistan from South Africa. Allegedly he had travelled along with the petitioner to that country. During the investigation neither any travelling document was recovered from the petitioner nor any kind of evidence showing that petitioner travelled to South Africa along with Imran Anwar (brother of the complainant) as alleged in the F.I.R., has been brought on record. Why said Imran Anwar has not come to Pakistan and whether he has got any job in any B foreign country is a question which is to be answered. by the prosecution during the trial. Story narrated in the F.I.R. as well as facts available on the record, prima facie, are sufficient to bring the case of the petitioner within the fold 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.1,00,00() (Rupees one lac) with one surety in the like amount to the satisfaction of the trial Court.

H.B.T./M-1147/L Bail granted.

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