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AKHMAD AHMAD ALIAS AHMAD versus STATE


Criminal Code of Conduct (CCPC) Section 497 Immigration Ordinance (XVII of 1979), Sections 17 and 22 Passport Act (XX of 1974), Section 6 bail, grant of any special charge against the accused in the petition, the applicants The alleged victims were reassured. The fraud not provided in the application but the details and the nature of such assurances has already been granted bail by the Special Judge Petitioner's Court, under the circumstances.
1987 P Cr. L J 523

[Lahore]

Before Muhammad Rafiq Tarar, J

AKHMAD AHMAD alias AHMAD--Petitioner

versus

THE STATE--Respondent

Criminal Miscellaneous No. 2168/13 of 1986, decided on 17th September, 1986.

Criminal Procedure Code (V of 1898)--

---S. 497--Emigration Ordinance (XVII of 1979), Ss. 17 & 22--Passports Act (XX of 1974), S. 6--Bail, grant of--No specific allegation against accused made in application--Petitioner allegedly gave assurance to victims of fraud but details and nature of such assurance not given in application-- Co-accused already allowed bail by Court .of Special Judge- Petitioner allowed bail, in circumstances.

Syed Nasim-ul-Hasnain for Petitioner.

Muhammad Ashraf Khan for the State

Date of hearing: 17th September, 1986.

JUDGMENT

Akhmad Ahmad alias Ahmad petitioner has moved this petition for bail in a case registered against him and others under sections 17 and 22 of the Emigration Ordinance and section 6 of the Passport-Act. This is his second bail application the first on having been rejected on 17th June, 1986. This petition was admitted to hearing to consider a fresh ground urged by the learned counsel for the petitioner that the name of the petitioner does not find mention in the application made by the alleged victims on the basis of which the inquiry was initiated by the F.I.A. The said application is before me. It was made by Khurshid Ahmad, Saeed-ul-Hassan. Nijabat Ali, Liaqat Ali son of Maulvi Nur Muhammad, Israr Ahmad, Mazhar Hussain. In this application they stated that they were informed by Bagh Ali and Raja Abdur Rehman co-accused that they were sending people abroad for employment on payment of Rs.17,000 per person. On their asking, aforesaid Raja Abdur Rehman and Bagh Ali called Sheikh Ejaz of Lahore, Raja Zafar of Gujjar Khan, Raja Akhmad Ahmad (petitioner. herein), Raja Saif Ullah and Raja Riaz at the residence of Bagh Ali and they gave assurance. The application is silent about the detail and nature of the assurance. The application further states that the victims paid Rs.5,000 each to Raja Abdur Rehman, Raja Zafar, Raja Riaz and Bagh Ali as advance-money. Later on they paid Rs.12, 000 each to the accused persons. Bagh Ali and Raja Abdur Rehman co-accused undertook to do the needful. It has not been specifically alleged in the said application that any money was paid to the petitioner. It is admitted that Bagh Ali co-accused has already been released on bail by the learned Special Judge (Central), Lahore. In the circumstances, the petitioner is admitted to bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Lahore City.

S.G.D./723/L Bail allowed.

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