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Criminal Miscellaneous No. 3‑B of 1985, decided on 7th January, 1985.

----S. 498‑‑Emigration Ordinance (XVIII of 1979), Ss. 17, 18 & 22‑‑Bail, grant ‑‑Petitioner misappropriating a sum of Rs. 1,06,000 received from prosecution witnesses on pretext of getting them employment visas for Saudi Arabia‑‑Petitioner allowed interim bail to enable him to settle account with aggrieved party.

Muhammad Bashir Khan for Petitioner.

Nasim Rashid for the State.

This bail petition has been moved on behalf of Shahid Ali who stands arrested in a case registered against him and two others, namely, Abdul Ghaffar and Muhammad Ashiq, under sections 17, 18 and 22 of. Emigration Ordinance, 1979, at Police Station F.I.A., Multan, vide F.I.R. No. 60, dated 17‑5‑1984.

2. According to the prosecution, the petitioner and his co‑accused received a sum of Rs. 1,06,000 from Mushtaq, Nawaz son of Wahid Bakhsh, Nawaz son of Noor, Allah Ditta, Zulfiqar and Fazal Dad P.Ws. in the year 1981 on the pretext that they would get them employment visas for Saudi Arabia. During the inquiry it revealed that Ashiq and Abdul Ghaffar, co‑accused of the petitioner, had visited Mailsi and received a sum of Rs. 40,000 from the said witnesses and handed it over to the petitioner at Karachi. As the petitioner and his co‑accused failed to supply the visas for Saudi Arabia as promised to the witnesses, they complained to the authorities whereupon an inquiry was held and consequently the present case was registered. S.I. Ghulam Nabi stated that it came to light that the petitioner was a recruiting agent who provided photostat copies of visas to the P.Ws. which on enquiry by the witnesses were found to be forged. However, Safdar Ali, father of the petitioner, executed an agreement and also issued a cheque for a sum of Rs. 70,000 in the name of Ashiq, obviously for disbursement‑to the aforesaid witnesses but the cheque was dishonoured by the bank as no funds were available in his account.

3. During the arguments learned counsel for the petitioner in consultation with petitioner's brother Sajid Ali states that if the petitioner is allowed interim bail he would settle account with the aggrieved party.

4. In these circumstances, I feel inclined to allow to the petitioner interim bail in the sum of Rs. 50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Multan, till 22‑1‑1985. The petitioner shall appear in person on the said date. The case shall come up on 22‑1‑1985.

S. G. D. Bail granted.

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