GHULAM HUR SHAH Versus THE STATE

ORDER

This is an application through jail for grant of bail to Ghulam Muhammad Shah petitioner in a case under section 17/18/22 of Emigration Ordinance and section 6 of the Passports Act, registered at P.S. F.IA. Lahore, vide F.I.R. No. 44/86 dated 27‑2‑1986.

2. The allegations against the petitioner are that he fraudulently received Rs.3,56,980 from different persons on the pretext of sending them abroad for employment. In the petition, which has been received from jail, it has been stated that although the petitioner is in jail for the last 22 months, yet proceedings have not started. The learned counsel for the State states that the petitioner was arrested on 27‑2‑1986 and the challan was submitted on 18‑6‑1986 and so far not a single witness has been examine.

3. After hearing the learned counsel I find that although the statutory period has passed yet the trial has not concluded without any fault on the part of the petitioner. That being the position, there is no option but to release him on bail in the sum of Rs. 50,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Lahore.

S.G.D./G‑123/L Bail allowed.