Post Arrest Bail in 17-22 Emigration Ordinance Offense

 PLJ 2020 Cr.C. (Lahore) 404

Present: Raja Shahid Mehmood Abbasi, J.

ABDUL REHMAN--Petitioner

versus

STATE etc.--Respondents

Crl. Misc. No. 2423-B of 2019, decided on 11.2.2019.

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

----S. 497(2)--Emigration Ordinance, 1979, S. 17/22--Post arrest bail, grant of--Further inquiry--Allegation of--Petitioner and co-accused extracted Rs. 14,90,000/- from complainant in order to send his brother to Saudi Arabia but when they reached Saudia, no employment was provided to the and returned back to Pakistan-- This is petition for post-arrest bail and only tentative assessment is to be made and deeper appreciation or evaluation of evidence at bail stage is neither desirable nor permissible--Admittedly the entire amount was paid to co-accused, who has already been allowed bail by trial Court--Though the petitioner has been grilled during physical remand but no incriminating evidence could be extracted from him--The entire evidence, so far collected by the police is based upon documentary evidence, which is already in the possession of the prosecution and there is no likelihood of tempering with the same by the accused/petitioner--The involvement of the petitioner in the instant case would be determined by the trial Court after recording evidence, case of the petitioner calls for further inquiry falling under sub-section (2) of Section 497, Cr.P.C.--The petitioner is behind the bars and is no more required for further investigation--Keeping the petitioner behind the bars for an indefinite period would not serve any useful purpose for the prosecution.           [Pp. 405 & 406] A & B

1996 SCMR 1132 ref.

Mr. Muhammad Barjees Iftikhar Bhatti, Advocate for Petitioner.

Mr. Afzal Bashir, Assistant Attorney General for State.

Mr. Khizar Hayat Khan, Advocate for Complainant.

Date of hearing: 11.2.2019.

Order

Through this petition u/S. 497, Cr.P.C., petitioner Abdul Rehman, seeks post arrest bail in case FIR No. 548 dated 07.12.2016 registered u/S. 17/22 of Emigration Ordinance 1979, at Police Station F.I.A. Faisalabad.

2. As per crime report the allegation against the petitioner is that he along with his co-accused extracted Rs. 14,90,000/- from the complainant in order to send his brothers Munir Rehman, Muzamal Rehman and brother-in-law Azeem Abbas to Saudi Arabia but when they reached Saudia Arabia no employment was provided to them, who returned back to Pakistan.

3. Heard. Record perused.

4. This is petition for post-arrest bail and only tentative assessment is to be made and deeper appreciation or evaluation of evidence at bail stage is neither desirable nor permissible. It divulges from record that admittedly the entire amount was paid to Muhammad Saleem co-accused, who has already been allowed bail by learned trial Court. Though the petitioner has been grilled during physical remand but no incriminating evidence could be extracted from him. The entire evidence, so far collected by the police is based upon

documentary evidence, which is already in the possession of the prosecution and there is no likelihood of tempering with the same by the accused/petitioner. Reliance is placed on the case titled “Saeed Ahmad vs. The State” (1996 SCMR 1132). The involvement of the petitioner in the instant case would be determined by the trial Court after recording evidence. In view of the above, the case of the petitioner calls for further inquiry falling under sub-section (2) of Section 497, Cr.P.C. The petitioner is behind the bars and is no more required for further investigation. Keeping the petitioner behind the bars for an indefinite period would not serve any useful purpose for the prosecution.

5. For what has been discussed above, this petition is allowed and petitioner Abdul Rehman, is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.2,00,000/- (rupees two lac) with one surety in the like amount to the satisfaction of the learned trial Court.

(A.A.K.)          Bail Allowed