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Criminal Miscellaneous No. 2959-B of 1986, decided on 15th November, 1986.
---S. 497--Emigration Ordinance (XVIII of 1979), Ss.17, 18 & 22--Bail, grant of--Money passed to co-accused direct by victim of fraud and petitioner himself contending to be a victim of fraud of main accused- Petitioner allowed bail, in. circumstances.
Karamat Nazir Bhandari for Petitioner.
Muhammad Naeem for the State.
The F.I.A. vide F.I.R. No.127, dated 19-10-1983 registered a case under the provisions of sections 17, 1-8 and 22 of Emigration Ordinance, 1979 against the petitioner and others.
2. The brief facts of the case are that on 13-6-1982 a flight bound for Dhobai was checked by the Immigration authorities and it was noticed that 10 persons had forged visas. This led to an enquiry resulting into the registration of this case on 19-10-1983. It is contended by the learned counsel for the petitioner that no satisfactory explanation has been given by the prosecution for such inordinate delay in the registration of the case. Learned counsel has drawn my attention to the statements of various witnesses which clearly indicate that the principal accused it this case was Riaz who was acting as an agent and the other persons had passed money to Riaz. It is further contended that Pervaiz petitioner was himself a victim of the fraud of the main accused. The order refusing bail to the petitioner has been perused in which it has been stated that the petitioner should reimburse the persons who have been deprived of their money. It is contended before me that this order was futile, inasmuch as the learned trial Judge had not observed that reimbursement in this case could not have taken place without Riaz who had been granted bail by the learned Special Judge. Considering the case from all angles I am inclined to admit the petitioner to bail provided he furnishes security in, the sum of Rs.25,000 (Rupees twenty-five thousand only) with one surety in the like amount to the satisfaction of the trial Court.
S.A Bail allowed.
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