MUHAMMAD AYUB BUTT vs THE STATE
This matter concerns a bail application filed by the accused, Muhammad Ayub Butt, who was arrested in connection with a criminal case registered by the Federal Investigation Agency (FIA) regarding alleged fraud in securing employment for two individuals on a foreign ship. The core legal question was whether the applicant, who allegedly received money at the direction of the main accused and passed it to another individual, had sufficient prima facie involvement in the crime to justify continued incarceration pending trial. The Sindh High Court held that the applicant was not the primary party who negotiated the terms of the employment deal, and his role was limited to receiving funds at the behest of the main accused, which he immediately transferred to another person. Consequently, the court found that the applicant's practical and substantial involvement in the alleged offense remained to be established during the trial. The court granted bail, ruling that the applicant had made out a case for release, subject to furnishing surety, as his specific criminal liability was not sufficiently established at the pre-trial stage.
- Does the mere receipt of funds at the direction of a co-accused, followed by the immediate transfer of those funds to another party, constitute sufficient evidence of criminal involvement to deny bail?
- Is a person entitled to bail when the prosecution's case indicates that the primary negotiation and settlement of terms were conducted by a co-accused rather than the applicant?
ORDER
1. ' The prosecution case is that Asim Ali and Jahangeer Ahmed Seamen by profession wanted employment on foreign flag ship. Asim Ali through his friend Khurran Hamid contacted Captain Arif Hamid Wyne of Messrs Khan Shipping Company, Office at K-18, 11th Floor, Block 6 "The Plaza" PECHS, Shahrah-e-Faisal Karachi. Who assured them of getting job on foreign flag ship if paid Rs,1,50,000 by each as pirent parties remained in contract with each other and lastly Asim Ali and Jahangeer Ahmed were informed by Arif Hamid Wyne that employment for them was arranged, therefore, they should report at his office and make payment there. On March, 2001 they reported at the Office of Messrs Khan Shipping Company and paid amount of Rs,3,10,000 to Muhammad Ayub Butt on the direction from Captain Arif Hameed Wyne. It is said that Muhammad Ayub Butt passed on the amount to Aftab the other man sitting in the office. After that the documents of Asim Ali and Jahangeer Ahmed were arranged and both of them dispatched to UAE, where they got the job on foreign flag ship AlMustafa against the salary of U.S. $ 100 per month. It is alleged that both of them were not paid salary for three months and also the ship where they were given job was Toug and not actual ship. They however, deserted the job and arrived in Pakistan. Then they reported the matter to FIA PP Circle Karachi. After enquiry the case was registered by Maratab Ali Shah, Sub- Inspector FIA. The applicant together with Aftab Ahmed and Arif Hamid Wyne has been challaned.
2. Out of them only applicant Muhammad Ayub Butt was arrested and is in Jail. His bail plea was turned down by the learned trial Court, therefore, present application has been filed before this Court.
3. ' Applicant's learned Advocate contended that in fact the statement of Asim Ali clearly shows that entire deal was with Arif Hameed Wyne and the amount was also to be paid to him. However, under his directions the cash was delivered to Muhammad Ayoub who immediately passed it on to Aftab Ahmed. The learned State counsel who is absent today had argued on the last occasion that in fact Muhammad Ayub Butt the applicant is also member of the team of Arif Hamid Wyne and had received amount from Asim Ali and Jahangeer Ahmed and then arranged their journey to Dubai.
4. ' It is the prosecution case that Asim Ali and Jahangeer Ahmed had contacted Arif Hamid Wyne through Khuram Hamid and the terms were also settled between them. The applicant is not said to have settled the terms of the deal. The amount was also to be paid to Arif Hamid Wyne and the same was delivered to Muhammad Ayoub Butt at his instance. It is also in the statement of Asim Ali that Muhammad Ayoub passed on the amount to Aftab Ahmed. In the circumstances practical and substantial involvement of Muhammad Ayoub Butt in the crime is yet to be established during trial. For the present, he has a case for bail. Bail is granted. He' shall be released on furnishing surety in the sum of Rs,2,00,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.