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Criminal Miscellaneous No. 576/13 of 1985, decided on 31st March, 1985.
Criminal Procedure Code (V of 1898)--
---S.497--Emigration Ordinance (XVIII of 1979), Ss. 17 & 22--13assport5 Act (XX of 1974), S. 6 Bail grant of--No incriminating article recovered from accused--Accused no more required for purpose of investigation- Delay of one year in registration of case--Case, found to be of further inquiry--Accused allowed bail in circumstances.
Syed Ahmad Saeed Kirmani for Petitioner.
Hasnat Ahmad Khan for the State.
The petitioner is charged under section 17/22 of the Emigration Ordinance, 1979 and section 6 of the Passport Act, 1974 on the allegation that he received money from several persons on the pretext of providing jobs to them in Saudi Arabia.
Learned counsel states that the alleged occurrence had taken place in 1983 while the case was registered a year after the alleged payment had been made to the petitioner. In the first F.I.R. the allegation against the petitioner was that he had circulated among the persons defrauded that one Saudi National had come to recruit persons for Saudi Arabia and that he had a demand of 320 persons. The said Saudi National had interviewed the intending Emigrants and received the amount himself, The house of Aslam co-accused was raided and 23 passports were recovered.
It is contended that no recovery has been effected from the petitioner. Neither any passport nor any visa form nor any seal or stamp have been recovered from the petitioners possession. His person is not required for the purpose of investigation because the challange has been submitted in the Court. Furthers that there is a delay of one year in the registration of the case.
In the above circumstances, it appears to be a case of further enquiry. Accordingly I admit the petitioner to bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of the learned Special Judge (Central) Lahore. .
S.A.
Petition accepted.
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