MUHAMMAD YOU SAF vs THE STATE
This matter involves multiple criminal miscellaneous petitions seeking post-arrest bail filed by petitioners accused of offences under section 17(1) of the Emigration Ordinance 1979 and sections 3 and 4 of the Passports Act 1974, having been deported from Oman as illegal emigrants. The core legal question is whether the petitioners are entitled to post-arrest bail considering their prolonged detention and the nature of the allegations. The Lahore High Court held that the petitioners were prima facie trapped by human smugglers, had already suffered incarceration since 9-8-2006, the offences did not fall within the prohibitory clause, and the extent of the sentence was open to further inquiry, making no useful purpose served by keeping them behind bars. The court allowed the bail applications, laying down that pre-trial incarceration should not be used as a punishment where offences do not fall within the prohibitory clause and further inquiry is warranted.
- Whether accused persons alleged to be victims of human smuggling and illegal emigration are entitled to post-arrest bail when the offences do not fall within the prohibitory clause?
- Does continued detention serve any useful purpose when the extent of the sentence for offences under the Emigration Ordinance and Passports Act is open to further inquiry?
- Can post-arrest bail be granted to deported illegal emigrants who have suffered physical and mental agony and prolonged incarceration?
- Section 17(1), Emigration Ordinance 1979
- Section 3, Passports Act 1974
- Section 4, Passports Act 1974
ORDER
' MUHAMMAD JEHANGIR ARSHAD, J.-On account of similarity of facts and circumstances, I propose to decide the Criminal Miscellaneous No,3091-B of 2006 along with Criminal Miscellaneous Nos.3142-B of 2006, 3143-B of 2006, 3149-B of 2006, 3150-B of 2006, 3151-B of 2006, 3152-B of 2006 as well as 3153-B of 2006, through this single order.
2. All the petitioners are accused of offence under section 17(1) Emigration Ordinance, 1979 read with sections 3 and 4 of the Passports Act, 1974 Police Station Crimes Circle, Multan, with the allegation that they left the country for Oman without proper documentation viz. Passport and visa, etc, where they were arrested by Oman Police and deported to Pakistan through launch (Al- Tawakal), as illegal emigrants and when they reached Ghass Bandar check post, Karachi they were arrested under the abovementioned relevant provision of law.
3. It is contended on behalf of the petitioners that they were trapped by human smugglers and thus they have already suffered physical and mental agony as well as financial loss and that they cannot be kept behind the bars till identification of the agents/smugglers responsible for illegal emigration.
4. Learned standing counsel for F.I.A. Has not seriously contested these applications.
5. Arguments considered. Record perused.
6. The petitioners are citizens of Pakistan and prima facie they were trapped 'by unscrupulous agents/human smugglers in anticipation of their bright future in the foreign country. All the petitioners are behind the bars since 9-8-2006 and no useful purpose would be served by keeping them behind the bars anymore. Finally the abovementioned offences are punishable either with imprisonment, or fine or with both, therefore, the extent of sentence is also a question open to further inquiry, whereas, these offences also do not fall within prohibitory clause. Resultantly, all these bail applications are allowed and petitioners are admitted to post-arrest bail on their furnishing bail bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of learned Special Judge Central, Multan/trial Court.