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Criminal Miscellaneous No.3ti2/B of 1987, decided on 14th February, 1987.
‑‑‑S.497‑‑Emigration Ordinance (XVIII of 1979), Ss.17 & 22‑‑Passports Act (XX of 1974)‑‑Bail, grant of‑‑Accused allegedly depriving four persons of sum of Rs.67,000 on pretext of sending them abroad for employment‑‑F.I.R. lodged after about 3 years‑‑Offence imputed to accused, found not falling under prohibitory clause‑‑Bail granted in circumstances.
Arshad Mahmood v. The State 1985 P Cr.L J 2048 ref.
Khan Muhammad Yunas Khan, for Petitioner.
M. Saleem Shad for the State.
This is a petition under section 497/498, Cr.P.C. by Shafqat Ali, petitioner, for bail in respect of a case instituted against him and one other under section 17/22 of the Emigration Ordinance read with section 6 of the Passport Act Police Station FIA. Lahore, on 7‑1‑1985.
2. The prosecution case against the petitioner is that he, with his co‑accused Liaqat Ali (since dead), deprived four persons of a sum of Rupees sixty‑seven thousand (Rs. 67, 000) in the year 1982, under the pretext of sending them abroad for employment.
3. I have heard the arguments of the learned counsel for the petitioner and the State. The occurrence took place in 1982, but the F.I.R. was lodged in 1985. According to the learned Special Judge (Central), the petitioner remained as an absconder from April, 1985, till December 1986 when he applied for bail. On behalf of the petitioner it is submitted that the petitioner was in the village and received no intimation to present himself for investigation. The offences imputed to the petitioner do not fall within the prohibitory clause. See Arshad' Mahmood v. The State (1985 P Cr. L J 2048). In the special circumstances of the case, I would release the petitioner on bail, though, I would impose a heavy security to guard against his abscondent.
4. For the foregoing reasons, this petition is accepted and Shafqat Ali, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees seventy thousand (Rs.70,000) with two sureties each in the like amount to the satisfaction of the Special Judge (Central), Lahore.
S. A. /S‑11/L Bail granted.
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