RIZWAN ASLAM vs STATE
This is a second post-arrest bail application filed by the petitioner, Rizwan Aslam, in case FIR No. 748/07 registered under Section 17/22 of the Emigration Ordinance 1979 and Section 4 of the Human Trafficking Ordinance 2002. The core allegation against the petitioner is extracting money and a passport from the complainant to send his nephew abroad for employment, where the nephew was subsequently arrested. The primary legal question centers on whether the continued incarceration of the accused is warranted when the investigation and verification of the defense version from foreign authorities are likely to take a prolonged period and no statement of the immigrant has been recorded. The Lahore High Court accepted the petition and granted post-arrest bail to the petitioner, holding that an accused cannot be kept in jail for an indefinite period awaiting foreign verification, especially when no statement of the alleged victim immigrant has been recorded by the investigating agency.
- Whether an accused can be kept in jail for an indefinite period pending foreign verification of a defense plea?
- Does the absence of the immigrant's statement recorded by the investigating agency support the grant of bail?
- Whether post-arrest bail should be granted when the trial and verification process are likely to take several months?
- Section 17, Emigration Ordinance 1979
- Section 22, Emigration Ordinance 1979
- Section 4, Human Trafficking Ordinance 2002
ORDER
This is second bail after arrest application on behalf of the petitioner and his earlier bail application (Crl.Misc:No , 1399-B of 2008) was dismissed as having been withdrawn on 7.3.2008.
2. Rizwan Aslam petitioner seeks bail after arrest in case FIR No, 748/07 dated 23.10.2007 for the offence u/S. 17/22 Emigration Ordinance 1979 and 4 Human Trafficking Ordinance, 2002 registered with Police Station, FIA, Gujranwala at the instance of Arshad Mahmood complainant.
3. The precise allegation against the petitioner is that he with the collaboration of his brother Javed Aslam extracted Rs, 5,50,000/- in three installments alongwith passport in the presence of the PWs from the complainant Arshad Mahmood for sending his nephew Muhammad Asif to Greece for employment where he was arrested by Greece Authorities while crossing the Border and the said Muhammad Asif is in Jail facing miseries.
4. Learned counsel for the petitioner states that petitioner moved an application to Director FIA, Lahore for verifying the assertion of the complainant by collecting information from Greece Police regarding the arrest of said Muhammad Asif but unfortunately, no-positive action was taken on the application of the petitioner, followed by another application dated 18.4.2008 stating the same facts as mentioned in the earlier application but as usual investigating agency did not pay any heed and needful was not done. He submits that Muhammad Asif has been convicted by a Greece Court on the allegation of being an agent and the brother of the petitioner, namely, Javed Aslam, who is President of Pakistan Community in Greece and Nasir Mahmood brother of the complainant is also residing in Greece for the last many years, Asif entered into Greece with the fake name of Khan Irshad, he was arrested and convicted on the allegation of being an agent, he approached Munir Butt for bail and release from the above said Greece case and in this regard, said Asif gave 50000/- Euro to Munir Butt and when Munir Butt failed to get him released Asif got a case registered in Greece and Munir Butt was requested to return the amount to Asif and on his refusal Asif approached Javed Aslam, brother of the petitioner, who is President of Pakistan Community in Greece and brother of the petitioner despite giving surety failed to force Munir Butt to return the amount to Asif. Due to assurance given by the brother of the petitioner a false and fabricated case was registered against the petitioner by the complainant.
5. On the other hand, learned Standing Counsel FIA submits that in order to verify the version of the petitioner Greece Authorities have been approached but there is no response so far. He further submits that this process of verification may take 4/5 months more
6. After hearing learned counsel for the parties I find that no statement of immigrant has been recorded by the FIA in support of version of the complainant. The verification of the defence version by the Greece Authorities is likely to take 5/6 months more as submitted by learned Standing Counsel FIA. Petitioner is in Jail for the last seven months, he cannot be kept in Jail for an indefinite period. Resultantly, this petition is accepted and petitioner is allowed bail subject to his furnishing bail bonds to the tune of Rs, 200,000/- (Two lac) with two sureties each in the like-amount to the satisfaction of learned Special Judge (Central), Lahore.