Law: Criminal Procedure Code (V of 1898)

Section: 497(2),498

Law: Emigration Ordinance, 1979

Section: 2

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Emigration Ordinance, (XVIII of 1979), S. 2--Post arrest bail, grant of--Further inquiry--Accusation against petitioner is that they received an amount of Rs. 3,80,000/- from complainant to Malaysia but failed to arrange any job for him, resultantly, he came back--Petitioner has behind bars--Sentence provided under Section 22 of Emigration Ordinance is 14-years or with fine or with both, meaning thereby, learned trial Court after conclusion of trial can sentence accused only for fine and in that eventuality, keeping petitioner behind bars would amount to be double jeopardy--investigation of case has been completed--Prosecution has no sufficient incriminating material to connect petitioners with commission of alleged offence and same definitely leave room for further inquiry into guilt of petitioner--Post arrest bail was allowed. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pre-arrest bail--Confirmed--Object of--Object of pre-arrest bail is to save innocent persons from humiliation, harassment and incarceration on basis of false implication--Pre-arrest bail was confirmed. PLD 2012 SC 222; PLD 2009 SC 427 ref. THIS ORDER PASSED BY: SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE---.--- Through this single order, I would like to dispose of two bail petitions. In the present petition i.e. Crl. Misc. 2667-B of 2018, Amanat Ali petitioner seeks his pre-arrest bail, and in other Crl. Misc. No. 2670-B of 2018,Shahid Imran petitioner seeks his release on post-arrest bail in case FIR No. 94/2018, dated 21.2.2018, offence under Section 22 of The Emigration Ordinance, (XVIII of 1979), registered with the Police Station FIA/CC, Multan, at the instance of Maqsood Ahmad complainant. 2. Briefly, the accusation against the petitioners is that in the year 2016, they received an amount of Rs. 3,80,000/- form the complainant to send him abroad for employment. Thereafter, they send the complainant to Malaysia but failed to arrange any job for him, resultantly, he came back. 3. Heard. Record perused. 4. After perusal of the record with valuable assistance given by learned counsel for the petitioner and learned counsel for…

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