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Criminal Revision No. 126 of 1986, decided on 20th April,1986.
‑‑‑Ss. 439 & 497/498‑‑Emigration Ordinance (XVIII of 1979), S. 22‑ Accused receiving Rs.22, 48,000. from persons for .securing employment abroad‑‑While granting bail, trial Judge imposing condition of furnishing bank guarantee in said amount‑‑Imposition of such condition, held, was illegal and unsustainable.
Mian Mahmud Ali Qasuri and others v. The State P L D 1963 SC 478 ref.
Ch. Muhammad Afzal Wahlah for Petitioner.
Akhtar Shabbir, Asstt. A.‑G. for the State.
Date of hearing: 20th April, 1986.
The learned Assistant Advocate‑General has frankly conceded, that the condition imposed by the learned Special Judge Central; while granting bail is unsustainable. The petitioner is involved in a case under the Emigration Ordinance; 1979, and allegedly he had received Rs.22,48,000 from 203 persons for securing employment for them abroad. In this background the learned Special Judge Central imposed a condition, while admitting the petitioner to bail, that he shall furnish Bank guarantee in the sum of Rs.22,48,000 because it was apprehended, that the petitioner would abscond. In view of the judgment of the Supreme Court of Pakistan reported as Mian Mahmud Ali Qasuri and; others v. The State P L D 1963 S C 478, the imposition of condition is illegal and unsustainable. Accordingly, I set aside the order passed by the learned Special Judge Central imposing the aforesaid condition.
2. Prima facie the, petitioner has defrauded about 203 persons for an amount equivalent to Rs.22,48,000, I would, therefore, direct that the petitioner shall be admitted to bail, provided he furnishes security in the sum of Rs.15,00,000 (Rupees fifteen lacs only), with one surety in the like amount to the satisfaction of the learned Special Judge. Central.
With these observations, this petition is disposed of.
S.A. Bail accepted.
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