MUHAMMAD SALEEM & 4 others vs STATE & another
This matter concerns a petition for post-arrest bail filed by five individuals accused in FIR No. 10 dated 13.04.2017, registered at Police Station FIA/CBC, Multan, for offenses under the Foreign Exchange Regulation Act, 1947, the Anti-Money Laundering Act, 2010, and the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to bail given the nature of the allegations regarding unauthorized foreign exchange dealings and potential money laundering. The Lahore High Court held that the offenses under the Foreign Exchange Regulation Act, 1947 are bailable. Regarding the Anti-Money Laundering Act, 2010, the Court determined that there was currently no material on record to substantiate the money laundering allegations, necessitating further inquiry. Finding that the petitioners were no longer required for investigation and noting their clean criminal records, the Court allowed the petition. The key principle laid down is that where the prosecution fails to present immediate material linking an accused to money laundering offenses, and the primary charges are bailable, the case warrants further inquiry, justifying the grant of bail pending trial.
- Are offenses under the Foreign Exchange Regulation Act, 1947 bailable?
- Does the absence of material evidence linking an accused to money laundering justify the grant of bail?
- When does a case qualify for 'further inquiry' under the law of bail?
- Section 4, Foreign Exchange Regulation Act, 1947
- Section 8, Foreign Exchange Regulation Act, 1947
- Section 23, Foreign Exchange Regulation Act, 1947
- Section 3, Anti-Money Laundering Act, 2010
- Section 4, Anti-Money Laundering Act, 2010
- Section 109, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
ORDER
Petitioners Muhammad Saleem, Muhammad Younas, Muhammad Daood, Zuhaib and Shoaib sought post arrest bail in case FIR No. 10 dated 13.04.2017, offence under Sections 4/8-23 Foreign Regulation Act, 1947 & Sections 3 & 4 of Anti Money Laundering Act, 2010, read with Sections 109, 420, PPC, registered at Police Station FIA/CBC, Multan.
2. Allegation against petitioners is that they were found dealing in foreign exchange without having been issued any authorization thereof when raiding team consisting of members of Federal Investigating Agency, Multan raided upon them.
3. Heard. Perused.
4. Offence u/S. 4, 8 punishable u/S. 23 of Foreign Exchange Regulation Act, 1947 is bailable whereas offence u/S. 3,4 of Anti Money Laundering Act, 2010 to extent of present petitioners, shall be determined by learned trial Court after recording of prosecution evidence. At present, there is no material available on record to show that petitioners were involved in money laundering.
Petitioners are behind the bars and no more required for further investigation. Previous record of petitioners being involved in such like cases, is not pointed out. In the given facts and circumstances, guilt of petitioners needs further probe and their case calls for further inquiry.
Accordingly, this petition is allowed and petitioners be released on bail subject to furnishing bail bonds in sum of Rs 2,00,000/- each with one surety each in the like amount to the satisfaction of learned trial Court.