ABDUL WAHID KATH vs THE STATE
This bail application arises from a criminal case registered against the applicant, the proprietor of a travel agency, for his alleged involvement in facilitating illegal emigration through the issuance of air tickets based on forged visas. The core legal question was whether the applicant, whose only alleged role was arranging an air ticket for a passenger subsequently arrested for possessing a forged visa, was entitled to the concession of bail under the provisions of the Code of Criminal Procedure 1898. The Court held that the prosecution failed to establish a direct nexus between the applicant and the alleged offence of human trafficking or illegal emigration. Finding that the applicant's role was limited to providing travel services and that no evidence linked him to the forgery or the illegal recruitment process, the Court determined that the case required further inquiry. Consequently, the Court granted bail to the applicant, emphasizing that where evidence is insufficient to establish prima facie involvement in the charged offences, the case falls within the ambit of further inquiry under the relevant bail provisions.
- Does the mere issuance of an air ticket by a travel agent for a passenger holding a forged visa constitute sufficient evidence to deny bail in an emigration offence case?
- When does a criminal case qualify for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Is a travel agent liable for the criminal acts of a passenger regarding forged visas if no direct nexus is established?
- Section 497, Code of Criminal Procedure 1898
- Section 17, Emigration Ordinance 1979
- Section 22, Emigration Ordinance 1979
ORDER
1. ' MRS. QAISAR IQBAL, J.--- Applicant Abdul Wahid Kath son of Adam has applied for bail under section 497, Cr.P.C. In Crime No,7 of 2006, under sections 17(i), 22(b) Emigration Ordinance, 1979.
2. ' Precisely the facts leading to application are that on 13-12-2005, Inspector Sikandar Ali Baloch of F.I.A. Departure had lodged a report stating therein that on the basis of an Inquiry No,558, dated 31- 12-2005 of Passport Cell, Karachi based on off loading report, a passenger Muhammad Bilal was proceeding to Jeddah by a Flight No,PK-731, due to suspicion change of photographs, the case was registered against him and he was arrested.
3. ' It is alleged that Muhammad Bilal had disclosed to F.I.A. That he knew Shahid and Adam from Madina, where he was engaged in job. They arranged Umrah and pilgrimage groups for Hajj.
4. Arrested accused Muhammad Bilal disclosed that in the year 2003 he returned back to Pakistan, he could not return back as his employment visa for Saudi Arabia, which had expired. Mr. Adam had advised him to get visa from any recruiting agency, Muhammad Bilal could not succeed, subsequent thereof, Adam had arranged him for his employment visa through one Rafiq residing at Saudi Arabia and that he also paid him Rs,1,10,000 against the agreed amount of Rs,2,40,000.
5. Muhammad Bilal had contacted Mst. Naseema wife of Rafiq, who had arranged visa for him and purchased air ticket from Messrs Hiba Travel Services, Karachi for proceeding to Saudi Arabia. F.I.A.
6. Had also registered the case against Rafiq, his wife and Ghulam Mustafa in the illegal business of forged visa for employment in Saudi Arabia, whereas the applicant/proprietor of Messrs Hiba Travel Services Karachi, was connected in the commission of offence for issuance of air tickets against fake and forged visa, he was arrested and connected in the commission of charged offence.
7. ' The learned counsel appearing for the applicant has contended that there is no nexus between the alleged offence committed by Muhammad Bilal and his associates as the applicant is the owner of the travelling agency of P.I.A., he is not scrutiny of visas, therefore, the applicant has been connected in the commission of charge offence on the basis of no evidence. It is next urged that the applicant is not involved for providing foreign employment or in human trafficking, the offence as the best to punishable, upto five (5) years, the applicant is entitled to concession of the bail.
8. ' The Standing counsel has conceded to the grant of the bail in favor of the applicant on the premises that the applicant is not involved in the trafficking of human beings that only role attributed to him is to arrange for a ticket for Muhammad Bilal.
9. ' I have considered the arguments advanced at bar.
10. ' The F.I.R. Reveals that the applicant had only arranged for a ticket for Muhammad Bilal being an owner of travelling agent of P.I.A. The offences with which the applicant is charged are no evidence is available, therefore, case requires further inquiry within the ambit of subsection (2) of section 497, Cr.P.C.
11. ' In the above circumstances, Abdul Wahid Kath son of Adam Kath is admitted on bail subject to furnishing solvent surety in the sum of B Rs,1,00,000 and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.
12. ' Since in the matter cognizance has not been given by the Judicial Magistrate, having jurisdiction of F.I.A. Matters, deputed in District Malir, therefore, the office is directed to issue release writ, upon furnishing the solvent surety for and on behalf of the applicant.
Cited by 1 case
- MUHAMMAD AZEEM and another vs THE STATE 2007 YLR 1015