Law: Criminal Procedure Code (V of 1898)

Section: 497(1)(2)

Law: Emigration Ordinance, 1979

Section: 17,22

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Emigration Ordinance, 1979, Ss. 17 & 22--Post arrest bail, grant of--Further inquiry--Allegation of--Petitioner received Rs. 3,60,000 from complainant for sending him to Saudi Arabia--He neither provided him promise visa nor returned him money--Complainant alleges that he paid Rs.3,60,000/- to the Petitioner. He has neither specified any date nor time when he made the alleged payment to him. Further, there is no documentary evidence of the said payment. All these circumstances call for further inquiry to determine guilt of the Petitioner within the meaning of Section 497 (2) Cr.P.C--Since alternative punishment of fine has been provided in Section 22 ibid, the offence does not attract the restriction embodied in Section 497 Cr.P.C.--Petitioner is behind the bars since 8-8-2018 and not required by the police for any further investigation. Early conclusion of trial is not in sight. No useful purpose would be served in keeping him behind the bars for an indefinite period. 1985 PCr.LJ 2048 & 2012 YLR 2270, ref. THIS JUDGMENT DELIVERED BY: TARIQ SALEEM SHEIKH, JUSTICE---.--- The Petitioner is implicated in case F.I.R. No. 295/2018 dated 16-07-2018 which was registered at Police Station, F.I.A., C.C. Circle, Multan, District Multan, at the instance of Respondent No. 2 for offences under Sections 17 & 22 of the Emigration Ordinance, 1979. Through this application he seeks post-arrest bail in the said case. 2. As per F.I.R., the prosecution case is that in the year 2014 the Petitioner received Rs.3,60,000/- from the Complainant for sending him to Saudi Arabia. However, he neither provided him the promise visa nor returned his money. 3. After hearing the learned counsel for the parties and going through the record of this case it has been observed that the Complainant lodged the complaint with F.I.A.…

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