MUHAMMAD RIAZ Versus State
This matter arises from a petition seeking post-arrest bail in respect of F.I.R. No. 196 of 2004 registered under sections 17 and 22 of the Emigration Ordinance, 1979 at Police Station F.I.A. Passport Circle, Lahore. The core allegation against the petitioner was receiving money and a passport on the pretext of sending the complainant's son abroad for employment. The Lahore High Court considered that the prosecution case rested entirely on oral evidence, no recovery was effected from the petitioner, and a prosecution witness who was a relative was alleged to have a family dispute. Furthermore, the investigation was complete, the challan had been submitted with no progress before the trial court, and the petitioner had been incarcerated for over six months. The court held that further incarceration would serve no useful purpose and accordingly allowed the petition, admitting the petitioner to post-arrest bail upon furnishing requisite security bonds. The key principle laid down is that where the case rests on oral evidence without recovery, investigation is complete, trial is delayed, and further detention serves no penal or investigative purpose, post-arrest bail ought to be granted.
- Whether post-arrest bail can be granted when the prosecution case rests entirely on oral evidence and no recovery is made from the accused?
- Does a delay in the progress of the trial before the trial court justify admitting an accused person to post-arrest bail?
- Is further incarceration justified when the investigation is complete and the accused is no longer required for investigative purposes?
- Section 17, Emigration Ordinance 1979
- Section 22, Emigration Ordinance 1979
ORDER
Seeks post-arrest bail in case F.I.R. No.196 of 2004, dated 27-2-2004 for the offences under sections 17/22 of Emigration Ordinance, 1979 registered at Police Station F.I.A. Passport Circle, Lahore.
2. In nutshell the allegation against the petitioner as penned in the F.I.R. is that he received Rs.1,01,000 along with passport from the complainant on the pretext of sending his son Gulfam Shahzad to Saudi Arabia for employment in the year 2000 and this transaction took place in the presence of Mst. Zahida Bashir and Muhammad Ilyas. Allegedly out of the disputed amount petitioner had repaid Rs. 10,000.
During the investigation petitioner was arrested on 30-3-2004. Bail application of the petitioner was dismissed by the Special Judge (Central) Lahore vide order, dated 10-6-2004, hence this petition.
3. Heard. File perused.
4. The entire case of the prosecution against the petitioner is in the form of oral evidence and admittedly nothing was recovered from the petitioner during the investigation. One of the prosecution witness namely Mst. Zahida Bashir, statedly, is real maternal-aunt of the petitioner who has some family dispute with the father of the petitioner and allegedly at the behest of her husband this false case has been concocted against the petitioner. The investigation of this case is complete, petitioner who is behind the bars for the last more than six months is no more required for the said purpose. Though the challan in this case has already been submitted but till today there is no progress in the matter pending before the trial Court. Further incarceration of the petitioner in the circumstances of this case would not serve any purpose. Accordingly, this petition is allowed and the petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court.
H.B.T./M-1148/L Bail granted.