Law: Criminal Procedure Code (V of 1898)

Section: 497(2),498

Law: Emigration Ordinance, 1979

Section: 17,22

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 497(2) & 498--Emigration Ordinance, (XVIII of 1979), S. 17/22--Bail, grant of--Petitioners received an amount of Rs. 2,85,000/- from the complainant on the pretext of sending him to Saudi Arabia for the purpose of employment; that though he was sent to Saudi Arabia, however, they failed to manage the job, as promised by them--Section 17 of E.O. does not fall within the prohibitory clause of Section 497 of Cr.P.C.--As far as Section 22 E.O. is concerned though it entails punishment upto 14 years but an alternative sentence of fine is also provided for the offence--So, it does not fall within the prohibitory clause of Section 497 of CrPC, as the trial Court ultimately can convict him with an imprisonment which may extend to 14 years or with fine alone--Both the petitioners are entitled to the concession of bail. 1992 MLD 99; 2017 PCr.LJ 143; PLD 2014 Lah 567, ref. THIS ORDER PASSED BY: CH. ABDUL AZIZ, JUSTICE---.--- This single order, shall dispose of two bail applications i.e. Crl. Misc. No. 3307-B-2017 (filed by Nazar Muhammad for bail after arrest) and Crl. Misc. No. 2934-B-2017 (filed by Muhammad Khizar for bail before arrest). These petitions are arising out of case FIR No. 82/2017, dated 30.3.2017, under Sections 17/22 E.O., 1979 registered at Police Station, FIA/CC, District Multan. 2. Precisely stated the case of the prosecution as unfolded from the crime report is to the effect that the petitioners namely Nazar Muhammad and Muhammad Khizar received an amount of Rs. 2,85,000/- from the Riaz Ahmad (complainant) on the pretext of sending him to Saudi Arabia for the purposes of employment; that though he was sent to Saudi Arabia, however, they failed to manage the job, as promised by them. 3. Arguments heard; record perused. 4. From the recital of the crime report, it evinces that the petitioners and their co-accused received an amount of Rs. 2,85,000/- from one Riaz Ahmad (complainant) on account of sending him abroad for the purposes of employment. According to the record, Riaz Ahmad proceeded to Saudi Arabia on a legally issued employment visa and remained there for a period commencing from 9.1.2016…

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