Qazi MUHAMMAD AMIN vs THE STATE
This petition for post-arrest bail arises from F.I.R. No. C-62 of 2003, registered under sections 17 and 22 of the Emigration Ordinance 1979. The petitioner was accused of deceitfully obtaining a large sum of money from the complainant under the false pretext of facilitating foreign employment for fifteen individuals, and failing to fulfill this commitment or return the funds. Additionally, four passports were recovered from the petitioner's residence during the investigation. The petitioner contended that the allegations were fabricated to usurp money he had previously paid to the complainant, asserting his innocence and lack of criminal history. The court examined the record, noting the recovery of passports and the statements of fifteen witnesses corroborating the allegations of fraud and receipt of funds. The core legal question was whether the petitioner was entitled to bail given the evidence connecting him to the offense. The court held that prima facie evidence existed to link the petitioner to the offense under section 22 of the Emigration Ordinance 1979, which falls within the prohibitory clause of section 497, Code of Criminal Procedure 1898, and consequently dismissed the bail petition.
- Does the recovery of passports from an accused's possession constitute prima facie evidence in cases involving the Emigration Ordinance 1979?
- Is an offense under section 22 of the Emigration Ordinance 1979 covered by the prohibitory clause of section 497, Code of Criminal Procedure 1898?
- Can a bail petition be dismissed when there is sufficient material on record to connect the accused with the commission of the alleged offense?
- Section 17, Emigration Ordinance 1979
- Section 22, Emigration Ordinance 1979
- Section 497, Code of Criminal Procedure 1898
ORDER
' Qazi Muhammad Amin petitioner seeks post-arrest bail in case F.I.R. No.C-62 of 2003, dated 14-2- 2003 registered under sections 17/22 of Emigration Ordinance 1979, at Police Station Passport Cell, Lahore.
2. In nutshell case against the petitioner is that he along with one Major Muhammad Sadiq deceitfully received Rs.28,00,000 from Sufi Muhammad Aslam complainant on the pretext of sending his fifteen relatives, abroad for employment. Allegedly, petitioner did not honour the commitment nor he returned the amount. During investigation four passports were also recovered from the house of the petitioner. Petitioner was arrested on 18-3-2003. His bail application was dismissed by the Special Judge, Central, Lahore vide order dated 4-6-2003. Hence the instant petition.
3. Bail is sought on the grounds that the petitioner did not receive any money from the complainant party as alleged in the F.I.R. It is submitted that in fact petitioner had paid Rs.15,80,000 to the complainant for sending him and his cousin abroad and in order to usurp that amount complainant had falsely implicated the petitioner in this case. It is also submitted that there is nothing on the record to connect the petitioner with the commission of the offence; petitioner has no previous history; he never went abroad as alleged in the F.I.R. And in the circumstances, petitioner is entitled to the concession of bail. Conversely, learned counsel for the State has vehemently opposed the grant of bail.
4. Heard. File perused.
5. Record of this case reveals that during the investigation four passports of intending emigrants were recovered from the house of the petitioner. The agency has also brought on record the statements of fifteen witnesses who have specifically deposed that petitioner along with his co- accused had received huge amount for sending them abroad for employment but later on had failed to fulfil the commitment nor had returned the amount.
6. In the light of the data available on record prima facie there is ample evidence to connect the petitioner with the commission of offence under section 22 of Emigration Ordinance which falls within the prohibitory Clause of section 497, Cr.P.C. Finding no force in the instant petition the same stands dismissed.