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Criminal Miscellaneous No.22881B of 1984, decided on 3rd September, 1984.

‑‑‑S.497‑‑Immigration Ordinance (XVIII of 1979), Ss. 17, 18 & 22‑‑Bail, grant of‑‑Petitioner depriving an innocent person of Rs.9,500 by delivering him a forged visa‑‑Petitioner, held, charged with offence falling within prohibitory clause of S.497(1), Cr.P.C.‑‑Bail declined in circumstances.

Sahibzada Sher Ali Kasuri for Petitioner.

Zafar Iqbal for the State.

The petitioner stands charged under sections 17, 18 and 22 of the Immigration Ordinance, 1979 on the allegation that he induced Muhammad Latif to pay Rs.9,500 to him for sending him to Saudi Arabia for a job and received the money and his passport for the said purpose which was returned to him alongwith a visa bearing false and forged seals of Saudi Arabian Embassay and Protector of Immigration.

2. Bail is urged on the ground that the case is based on false allegations and that there is considerable delay in the F. I. R.

Learned counsel for the State has opposed the bail. According to him the petitioner had duped and defrauded an innocent person and deprived him of his hard‑earned income made delivered a forged visa to him. He further contends that the petitioner remained absconding for a long time after the registration of the case which disentitles him to the concession of bail.

3. Keeping in view the nature of the allegation and the circumstance that the offence with which the petitioner is charged falls within the prohibitory clause of section 497, subsection (1), Cr. P. C . I do not consider him entitled to bail and accordingly dismiss his application.

M. Y. H. Application dismissed.

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