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Criminal Miscellaneous No. 2826/B of 1984, decided on 19th November, 1984.
Criminal Procedure Code (V of 1898)--
,
---S. 498--Passports Act (XX of 1974), S.6--Emigration Ordinance (XVIII of 1979), S. 17/22--Accused, an Imam Masjid, persuaded co-villagers to pay Rs. 16,000 each for visas to his nephew--Sum of Rs. 1,40,680 extorted from villagers under this deception--Accused signed agreement to refund but not carrying out his promise but misused his religious office of honour and defrauded poor people--Bail declined to accused.
Malik Abdul Hamid for Petitioner.
Nemo for the State.
This is a petition under section 498, Cr.P.C. by Maulvi Abdul Hameed, petitioner, for the grant of bail it respect of a case instituted against him and one other under section 6 Ht the Passport Act, 1974, and section 17/22 of the Emigration Ordinance, 1979.
2. I have heard the arguments of the learned counsel for the petitioner and the Investigating Officer. Maulvi Abdul Hameed, petitioner, who was the 'Imam' of a mosque in Chak No. 203/R. B. , persuaded his co-villagers in his Chak to pay Rupees Sixteen thousand (Rs. 16,000) each to his nephew, Muhammad Azim alias Ghafoori, co-accused, on the pretext that his nephew had visas for Saudi Arabia and that he guaranteed that his nephew would secure employment for them also in .Saudi Arabia. Being captured by the deception practised by the petitioner, almost fifteen co-villagers were made to part with roughly Rupees Sixteen thousand (Rs. 16,000) each, which were received by the petitioner, for being ultimately passed on to his nephew. 'Thus, by this deception, both the petitioner and the co-accused extorted a slim of Rupees One Lac Forty Thousand Six Hundred and Eighty (Rs. 1,40,680). The petitioner also signed an agreement promising to refund the said amount to nine persons, but did not carry out his promise. The petitioner, having misused his religious office of honour and trust and having defrauded the poor people of large sums of money, is not entitled to be released on bail.
3. For the foregoing reasons. there being no merit in this petition the same is dismissed.
S. A
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