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Petitioner: SHAUKAT ALI VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Ijaz Ahmad Chaudhry Title: SHAUKAT ALI vs THE STATE Case No.: Criminal Miscellaneous No, 1091-B of 2002 Date of Judgment:2002-02-26 Reported As: 2002 YLR 3602 Result: Bail granted
Judgment ORDER Through this application under section 497, Cr.P.C. the petitioner seeks bail after arrest in case F.I.R. No,286 registered on 7-8-2001 under section 17/22 of the 'Emigration Ordinance, at Police Station FIA Passport Cell, Lahore. 2. Brief allegations in the F.I.R. are that petitioner Shaukat Ali promised with the complainant for sending him abroad for the purpose of employment and has received the amount of Rs,3,00.000 in the presence of Muhammad Khan and Muhammad Akbar witnesses and after holding of the inquiry a case has been registered. 3. Learned counsel for the petitioner contends that a civil dispute was between the petitioner and the complainant for the taking of some money which has been converted into criminal offence. It is further contended that the affidavits have been sworn which are on the police tile by the witnesses namely Muhammad Akbar, and. Muhammad Khan and the complainant and they do not want to prosecute the petitioner in this case. The complainant is present in person and states that he received the amount back and does not want to prosecute the case against the petitioner. 4. In this view of the matter, when the witnesses are not supporting the prosecution case and the amount has been paid back by the petitioner to show the bona tides. The case of the petitioner falls within the purview of further inquiry and does not fall within the prohibitory clause. He is admitted to bail in the sum of Rs, 2 lacs with two sureties in the like amount to the satisfaction of the learned Special Judge Central.