Malik MUHAMMAD SALEEM vs THE STATE
This matter arises from a petition seeking post-arrest bail in respect of Case F.I.R. No. 660 of 2003 registered under sections 17 and 22 of the Emigration Ordinance 1979 at Police Station FIA Passport Circle Lahore. The core legal question concerns whether the petitioner is entitled to post-arrest bail where allegations involve receiving money under the pretext of sending the complainant abroad for employment. The Lahore High Court held that the petitioner is entitled to bail as the record reveals a dispute regarding the settlement of accounts between the parties, supported by a cheque and an affidavit certified by local union council officials acknowledging payment, making the case one of further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The key principle laid down is that where the underlying transaction appears to stem from a civil dispute of accounts and the possibility of twisted facts cannot be ruled out, the accused's case falls within the scope of further inquiry, warranting the grant of post-arrest bail.
- Whether post-arrest bail should be granted when a criminal case arises out of what appears to be a dispute of settlement of accounts between the parties?
- Does the existence of a certified affidavit and a dishonoured cheque regarding account settlement render a criminal case one of further inquiry?
- Can bail be allowed under the Emigration Ordinance 1979 when the possibility of twisting facts to criminalize a civil transaction cannot be ruled out?
- Section 17, Emigration Ordinance 1979
- Section 22, Emigration Ordinance 1979
ORDER
Seeks post-arrest bail in Case F.I.R. No.660 of 2003 dated 17-12-2003 for the offence under sections 17/22 Emigration Ordinance 1979 registered at Police Station FIA Passport Circle Lahore.
2. In brief the allegation against the petitioner is that he had received Rs.5,72,750 along with Passport etc. From Shaukat Ali complainant on the pretext of sending him abroad for employment.
This commitment was never honoured nor the amount has been returned.
' The application of the petitioner for the grant of post-arrest bail was dismissed by the Special Judge (Central), Lahore vide order dated 4-5-2004. Hence this petition.
3. Heard. File perused.
4. The record of this case reveals that there is a dispute of settlement of account between the parties. Cheque amounting to Rs.5,60,000 dated 10-10-2001 was issued by the petitioner in favour of the complainant. The said cheque stated)/ was not honoured. The file of this case also contains an affidavit of the complainant stating therein about the payment of Rs.5,60,000 by the petitioner for the settlement of accounts: This document stands certified by Nazim Union Council No.162/7 Urban Kamoke Gujranwala as well as by Labour Councillor of the said- Union Council. Learned counsel for the complainant also accepts the execution of the said documents by the complainant. No doubt during the investigation certain witnesses while appearing before the Investigating Officer have deposed that Rs.5,72,750 were received by the petitioner from the complainant on the pretext of sending him abroad but in the light of the above said facts/data available on the record the possibility that there was a dispute of settlement of account between the parties and this case has been got registered by twisting the facts cannot be ruled out.- Accordingly finding the case of the petitioner to be one of further inquiry this petition is allowed and petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of trial Court.