ALLAH NAWAZ vs THE STATE and 6 others
This matter comes before the Lahore High Court through a petition filed by Allah Nawaz seeking post-arrest bail in case F.I.R. No. 29 of 2005 registered at Police Station F.I.A., Multan, under sections 17 and 22 of the Emigration Ordinance 1979. The core legal question concerns whether the petitioner is entitled to post-arrest bail when the complainants allege non-provision of promised jobs abroad and dishonored cheques, but subsequent partial repayments and undertakings are made before the court. The court accepted the petition and granted conditional post-arrest bail to the petitioner, subject to furnishing bail bonds and the condition that the remaining balance of the amount owed to each affectee be paid within two months, failing which the concession of bail would be withdrawn. The key principle laid down is that post-arrest bail can be granted conditionally based on settlement, undertakings, and the consent of the aggrieved parties for the payment of arrears.
- Can post-arrest bail be granted conditionally upon the undertaking to pay outstanding arrears to the complainants?
- Whether bail can be withdrawn if the petitioner fails to fulfill the payment conditions imposed by the court?
- Section 17, Emigration Ordinance 1979
- Section 22, Emigration Ordinance 1979
ORDER
'HAFIZ ABDUL REHMAN ANSARI, J.---Through this petition, the petitioner, Allah Nawaz son of Dr. Mushtaq Ahmad seeks post-arrest bail in case F.I.R. No,29 of 2005 dated 7-1-2005 registered at Police Station F.I.A., Multan, under sections 17/22 of Emigration Ordinance 1979 at the instance of complaints/respondents Nos.2 to 7.
2. Brief facts of the case as narrated in the F.I.R. By the complainants are that the petitioner has received Rs,35,000 per head from the respondents to give job each at Dubai. He also got copies of I.E. Cards, Passport etc. For preparation of Vizajat at his house in the presence of complainants, the petitioner neither arranged Vizas for them nor returned the money, on demand the petitioner returned Rs,5000 per head each affectee and on repeated demand the petitioner gave a cheques No,667456734 dated 15-5-2004 A/C No,1067-10 HBL Sameeja Abad amounting to Rs,1,70,000 in the name of Muhammad Ibrahim but the same was dishonoured. Hence, this F.I.R. Was registered against the petitioner.
3. Petitioner moved his post-arrest bail in the Court of learned Special Judge (Central), Multan, who vide order 14-9-2009 dismissed the same.
4. On 26-10-2009 each respondent himself or on their behalf, any close relative received Rs,15000 each. In this way in the matter each affectee has received Rs,15,000 + Rs,5000 up to now. Rs,15000 is still balance amount, which is payable by the petitioner to the aggrieved persons those who have received the amount on behalf of their close relatives have given undertaking before this Court, if the original affectee made any claim in future the recipient will be responsible for that.
5. Learned counsel for the petitioner submits that petitioner's son Muhammad Hussain son of Allah Nawaz undertakes to make the payment of the arrears of the total amount i.e, Rs,15000 of each affectee respondents. The affectees respondents, present in Court has no objection if the petitioner is granted post-arrest bail conditionally.
6. Resultantly, this petition is accepted and petitioner is admitted to conditional post-arrest bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of learned trial Court. This bail order is conditional the petitioner will make the payment of Rs,15,000 to each of the affectees respondents of this petition within 2 months if the petitioner did not make the payment the concession of post-arrest bail will be withdrawn.
7. With this direction this bail petition is disposed of.
Cited by 1 case
- Bilal Azam vs Muhammad Haq Nawaz, etc 2022 LHC 4751, PLJ 2022 Cr.C. 1549, 2024 PCRLJ 645