Muhammad Nadeem vs The State
This matter arises from a post-arrest bail petition in case F.I.R. No. 280/2004 registered under Section 17/22 of the Emigration Ordinance, 1979 at Police Station F.I.A. Passport Circle Lahore, where the accused was alleged to have taken money from the complainant on the pretext of sending her husband abroad for employment and failed to fulfill the commitment or return the amount. The core legal question concerns whether post-arrest bail should be granted when the accused has made a partial restitution of the disputed amount in court and the complainant expresses no objection. The court held that the petitioner is entitled to bail in view of the partial payment made towards his and his co-accused's share and the complainant's lack of objection. The key principle laid down is that restitution coupled with the complainant's consent/no objection can constitute sufficient grounds for the grant of post-arrest bail in offences of this nature.
- Can post-arrest bail be granted under the Emigration Ordinance, 1979 when the accused makes partial restitution in court?
- Does the lack of objection from the complainant serve as a valid ground for granting bail?
- Whether an accused charged under Section 17/22 of the Emigration Ordinance, 1979 is entitled to bail upon returning a portion of the disputed amount?
- Section 17, Emigration Ordinance 1979
- Section 22, Emigration Ordinance 1979
ORDER
SH. ABDUL RASHID, J.- This is bail after arrest in case F.I.R. No. 280/2004, dated 26.3.2004 under Section 17/22 of the Emigration Ordinance, 1979 Police Station F.I.A. Passport Circle Lahore.
2. According to the prosecution case the petitioner along with his sister Mst. Sughran Bibi and Amir Sale co-accused had taken Rs. 75,000/- from Mst. Perveen Bibi complainant on the pretext to send her husband abroad for employment and subsequently they failed to fulfill their said commitment and also did not return the said amount to her.
3. Today the petitioner has returned Rs. 50,000/- (Rs. 10,000/- in cash and prize bond bearing No. A053632 valuing Rs. 40,000/-) to Mst. Perveen Bibi in lieu of his own share and that of his sister Mst.
Sughran Bibi, in Court. The complainant has no objection to the grant of bail to the petitioner.
Therefore, the petitioner is granted bail subject to his furnishing security in the sum of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the learned Trial Court.