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Criminal Miscellaneous No. 130/B of 1981, decided on 11th April 1981.
--- S. 17 read with Criminal Procedure Code (V of 1898), S. 497 (1) (2)--Bail--Petitioner, a woman, sent by her husband to a foreign country on forged passport refusing to be used as a prostitute and reporting to Embassy and on her statement being recorded repatriated to Pakistan--Report of Embassy indicating working of some gangs in such foreign country and using girls from Pakistan for purposes of prostitution - Report also indicating petitioner not being willing party to nefarious activities gang- Provisions of S. 497 (2), Criminal Procedure Code, 1898, held clearly attracted to case and petitioner's case also fell within proviso to subsection (1) of S. 497---Bail allowed.
Rifat Mahmood Lodhi for Petitioner.
Hafiz S. A. Rahman for the State.
This application under section 497/498, Cr. P. C. has been filed by the petitioner in a case registered against her vide F. I. R. No. 46/1981 dated 6th March. 1981 lodged under section 17/18 of Emigration Ordinance, 1979 with police station F. I. A. (Passport Cell), Rawalpindi.
2. The allegations briefly stated are that the petitioner travelled on a forged passport to Abu Dhabi where she was used for prostitution purposes by a gang of persons engaged in this trade.
3. It is the admitted position as is also evident from the record that the petitioner who travelled on the forged Passport as Shahida, was married to one Alipur who sent her with one Pao Khan to Abu Dhabi. Mst. Mukhtar Begum, the petitioner when refused to be used as a pros titute fell into the hands of another gang of the same type and ultimately she reported to the Embassy herself where her statement on oath was recorded and she was thereafter deported on 5th March, 1981. The report of the Embassy has been shown to me which clearly indicates that some gangs are working in Abu Dhabi which are using the girls from Pakistan for the purposes of prostitution. The report is also indicative of the position that Mst. Mukhtar Begum was not a willing party to the nefarious activities of the gang.
4. The learned counsel for the petitioner contends that section 17 of Emigration Ordinance, 1979 provides a punishment in the maximum for 5 years' R. I. and the petitioner being a woman is entitled to tie released on bail in view of proviso to section 497 (1), Cr. P. C.
5. The learned counsel for the State has nothing to urge against the contention raised on behalf of the petitioner and also admits that the petitioner is not charged under section 18 ibid.
6. Without commenting upon the merits of the case I would suffice by saying that the provision of section 497 (2), Cr. P. C. is clearly attracted to the case in hand. Otherwise also the case of petitioner falls within the ambit of the proviso to subsection (i) of section 497 ibid. The petitioner is allowed bail in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of A. C., Rawalpindi.
Bail allowed.
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