| Citation(s) |
|---|
| 2016 SLG 2532 2016 SLD 2532 2016 PCRLJ 1781 |
Peshawar High Court, Abbottabad Bench
Cr. M. No. 185-A of 2016, decision dated: 5-05-2016, hearing DATE : 5-05-2016.
QALANDAR ALI KHAN, JUSTICE
Abdul Saboor Khan for Petitioner. Aurangzeb Mughal, Deputy Attorney General for Pakistan and Muhammad Sarwar Tanoli for
Respondents.
Cr. M. No. 185-A of 2016, decision dated: 5-05-2016, hearing DATE : 5-05-2016.
QALANDAR ALI KHAN, JUSTICE
Abdul Saboor Khan for Petitioner. Aurangzeb Mughal, Deputy Attorney General for Pakistan and Muhammad Sarwar Tanoli for
Respondents.
ALI ASGHAR.
VS
THE STATE AND another.
Law:
Section:
Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Emigration Ordinance (XVIII of 1979), Ss.18-B & 22-B---.---Sending people abroad for employment by false recruitment agent---.---Bail, refusal of---.---Accused who remained at large, was declared proclaimed offender, and perpetual warrant of arrest was issued against him---.---Accused, was not an overseas employment promoter, but he committed fraud and cheating by extorting handsome amount from different innocent persons by luring them into employment abroad and then going into hiding, and resurfacing after about three years of the registration of criminal case against him---.---Accused, had not furnished any explanation, let alone plausible explanation for his such a prolonged absconsion---.---Prima facie, case against accused, connected him with the commission of offence in the light of the statement of affected person---.---Offence with which accused had been charged, fell within the purview of prohibitory clause contained in S.497, Cr.P.C.---.---Case against accused was still under investigation as supplementary challan had not been submitted against him---.---No ground existed to extend concession of bail to accused---.---Bail petition was dismissed, in circumstances. 2005 YLR 3069; 2001 PCr.LJ 588; 2011 PCr.LJ 1214 and Muhammad Nazir v. The State Cr. M. No. 214-A of 2016 ref. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---.------ Ali Asghar, accused/petitioner, has been arrested and is behind the bars in case vide FIR No.24 dated 12.06.2013 under sections 18-B and 22-B of the Emigration Ordinance, 1979, registered in Police Station FIA, Abbottabad, on the report of Mir Afzal, complainant/respondent No.2, who alleged about taking of huge amount by the accused/petitioner from him as well as other persons for sending them abroad for employment in Dubai; but they were not sent abroad. It was also alleged in the FIR that the accused/petitioner was a fake recruitment agent and was not an overseas employment promoter. 2. As is the practice prevailing in the FIA, an inquiry preceded registration of the case on the basis of approval of Director FIA, during which statements of several…
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