MUHAMMAD SADIQ Versus State
This matter arises from a petition for post-arrest bail filed by Muhammad Sadiq in relation to case F.I.R. No. 235 of 2004 registered under Section 17/22 of the Emigration Ordinance, 1979 at Police Station F.I.A. P.C. Lahore. The core allegation against the petitioner was that he defrauded the complainant of Rs. 3,00,000 under the pretext of sending the complainant's brother to London for employment, instead taking him to South Africa and leaving him there. The Lahore High Court considered the record, noting that no travelling documents or evidence showing the petitioner travelled to South Africa with the alleged victim were recovered during the investigation, and that the victim's whereabouts and employment status remained questions for the trial. The Court held that the facts and circumstances brought the case prima facie within the scope of further inquiry. Consequently, the Court allowed the petition and granted post-arrest bail to the petitioner subject to furnishing appropriate security bonds.
- Whether lack of recovery of travelling documents during investigation brings a case within the scope of further inquiry for the grant of bail?
- Is an accused entitled to post-arrest bail when the foundational allegations require further substantiation by the prosecution during trial?
- Section 17, Emigration Ordinance 1979
- Section 22, Emigration Ordinance 1979
ORDER
Seeks post-arrest bail in case F.I.R. No.235 of 2004 dated 8-3-2004 for the offences under section 17/22 of E.O., 1979 registered at Police Station F.I.A. P.C. Lahore.
2. In nutshell the allegation against the petitioner is that about 3/4 years ago he received Rs.3,00,000 from Rana Naeem Anwar (complainant) on the pretext of sending his brother Imran Anwar to London for employment. Allegedly petitioner took Imran Anwar to South Africa and while leaving him there came back to Pakistan and in this way complainant had been defrauded by the petitioner.
During the investigation petitioner was arrested on 7-6-2004. Bail application of the petitioner was dismissed by Special Judge (Central), Lahore vide order, dated 22-7-2004 hence this petition.
3. Heard. File perused.
Admittedly till today Imran Anwar (brother of the complainant) has not returned to Pakistan from South Africa. Allegedly he had travelled along with the petitioner to that country. During the investigation neither any travelling document was recovered from the petitioner nor any kind of evidence showing that petitioner travelled to South Africa along with Imran Anwar (brother of the complainant) as alleged in the F.I.R., has been brought on record. Why said Imran Anwar has not come to Pakistan and whether he has got any job in any B foreign country is a question which is to be answered. by the prosecution during the trial. Story narrated in the F.I.R. as well as facts available on the record, prima facie, are sufficient to bring the case of the petitioner within the fold of further inquiry entitling him to the concession of bail. Accordingly, this petition is allowed and petitioner is admitted to bail subject to his furnishing bail bonds amounting to Rs.1,00,00() (Rupees one lac) with one surety in the like amount to the satisfaction of the trial Court.
H.B.T./M-1147/L Bail granted.