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MUHAMMAD YAQOOB versus STATE


Criminal Code of Conduct (CR PC) Section 497 Passport Act (XX of 1974), Section 6 Immigration Ordinance (XVIII of 1979), Section 18/22 The accused persons have introduced themselves only to the complaining party from the travel agent. Misrepresented recruiting agent complaint. To some extent there is good guarantee by the accused

1987 P Cr. L J 688

[Lahore]

Before Khizar Hayat, J

Sardar MUHAMMAD YAQOOB and another‑‑Petitioners

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 588‑B of 1982, decided on 30th May, 1982.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S. 497‑‑Passports Act (XX of 1974), S.6‑‑Emigration Ordinance (XVIII of 1979), S.18/22‑‑Accused persons only introduced complainant party to Travelling Agent who misrepresented himself to be Recruiting Agent‑ Complainant's loss made good by accused persons to some extent‑‑Bail granted.

Muhammad Akmal Saleemi for Petitioners.

Date of hearing: 30th May, 1982.

JUDGMENT

The petitioners have applied for the grant of bail as they stand arrested in case F.I.R. No. 17/82 registered at Police Station, F.I.A Multan under section 6 of the Passport Act read with section 18/22 of Immigration Ordinance, 1979. Their bail petition was earlier rejected by the Special Judge Central, vide his order, dated 27‑4-1982. Hence this petition.

2. The allegation against the petitioner are that they introduced Munir and Riaz P.Ws, to one Abdul Malik Travelling Agent for procuring employment visas for Saudi Arabia for them. On the assurance given by Abdul Malik the aforesaid persons had made a payment of about Rs.28,000 to him through the petitioners and in lieu thereof some forged visas were issued to the P.Ws. and as a result Riaz was returned by the authorities from Dubai Airport while Munir was sent back from Riyad (Saudi Arabia). The complainant party then asked the petitioners and Abdul Malik made good their loss. In a Panchayat held between the parties, the petitioners had paid about Rs.9,000 to the complainant party and the rest was to be paid by Abdul Malik who was the absconding earlier but has now been arrested.

3. From the material placed on record, it reveals that the petitioners had only introduced the complainant party to the Travelling Agent Abdul Malik who had misrepresented himself to be a Recruiting Agent. In these circumstances, I think it is Abdul Malik who is mainly to blame and against the petitioners appear to have made good the loss of the complainant party to some extent. I am, therefore, of the view that the petitioners have made out a good case for the grant of bail.

4. In view of the facts narrated above, I feel inclined to allow this petition. The petitioners are directed to be released on bail subject to their furnishing bail bond in the sum of Rs. 20, 000 each with one surety each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.

S.A./4342/L Bail allowed.

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