MUHAMMAD ARSHAD Versus THE STATE

ORDER

This is a petition for bail on behalf of Muhammad Arshad and Muhammad Bashir petitioners who are involved in a case under section 6 of Passports Act and sections 17, 18 and 22 of the Emigration Ordinance, 1979.

2. The case was registered on 17-6-1987 on the report of Muhammad Nawaz wherein he alleged that Muhammad Arshad (petitioner herein) and his sister's son Ijaz had obtained huge amounts from various persons on the pretext of sending them abroad. About a month prior to the registration of the case, he gave them Rs.25,000 and promised to pay the balance of Rs.35,000 after they had arranged a visa. Two days prior to the registration of the case, they gave him a photo copy of Passport which contained a Saudi visa and demanded the remaining amount. However, on verification from the Saudi Embassy it transpired that the visa was bogus. On receipt of this information a police party consisting of an Inspector and other police officials visited the house of Muhammad Arshad petitioner where his nephew Ijaz, Naazar Ali and Muhammad Aslam were also present. Naazar Ali and Muhammad Aslam also informed the police party that Muhammad Arshad petitioner and his nephew Ijaz had obtained money from them fraudulently on the pretext of sending them to Saudi Arabia for employment.

As many as 50 persons appeared during the investigation to say that the petitioners had obtained money from them on the promise of sending them abroad for employment but they were neither sent abroad nor their money was returned. The petitioners have allegedly obtained Rs.6,14, 000 from various persons fraudulently.

3. Learned counsel for the petitioners contends that Muhammad Bashir petitioner is not named in the F.I.R. and the fact of the matter is that Muhammad Arshad petitioner himself was defrauded by one Akhtar Hussain Jafri who is not traceable.

4. Nobody has appeared on behalf of the State. I have considered the submissions made by the learned counsel for the petitioners in the-light of material available on the record. Muhammad Bashir petitioner is not named in the F.I.R. Naazar Ali and Aslam who were present in the house of Muhammad Arshad petitioner at the time of raid did not name Muhammad Bashir petitioner in any context. They rather stated that Muhammad Arshad petitioner and his nephew Ijaz had taken the money and passport from them on the pretext of sending them to Saudi Arabia and had also played fraud with other persons. In the circumstances a case for the enlargement of Muhammad Bashir petitioner is made out: I admit him to bail in the sum of Rs.50, 000 with two sureties each in the like amount to the satisfaction of A. C. Faisalabad.

So far as Muhammad Arshad petitioner is concerned, he is the principal accused. There is direct allegation against him that he fraudulently obtained money from several persons on the pretext of sending them abroad. No ground for the grant of bail in his case is made out. The petition in so far as it relates to him, is dismissed.

S.A./M-572/1, Order accordingly.