Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 497

Constitution of Pakistan, 1973-- ----Art. 199--Criminal Procedure Code, 1898, S. 497--Bail after arrest-Dismissed--Conducting of business without authorization--Filling of complaints--Floating of housing scheme without permission--Petitioner is co-accused in Reference No. 16/2015 and main allegation against him is that he alongwith, his co-accused collected money / investment from public at large for investment under umbrella of Al-Barka' Marketing Pvt. Ltd. whereas objects of referred Company did not permit such activity--It is an established principal that at bail stage, this Court does not indulge in deeper appreciation of facts and has to make tentative and / or prima facie assessment of involvement of accused in offence alleged against him--On basis of record and submissions made by learned counsels for parties, petitioner, prima facie, seems to be involved in matter, hence, is not entitled to concession of bail--Petition was dismissed. THIS ORDER PASSED BY: MIANGUL HASSAN AURANGZEB, JUSTICE---.--- Through the instant petition, the petitioner namely Sham-us-Rehman S/o Abdul Rehman seeks Bail-After-Arrest in Reference No. 16 of 2015. 2. The case of the prosecution, against the petitioner, is that he is the Chief Executive of a Company "Al-Barka Marketing Pvt. Ltd." which is registered with Securities & Exchange Commission of Pakistan (SECP) and the referred Company collected money from public at large on the pretext that the sum shall be invested in various ventures under the Islamic concept of 'Modaraba'. However, the Company neither returned the original investment to the public at large nor paid any profit on the investment. It is also the case of the prosecution that the petitioner floated a housing scheme under the name and style of 'Mufti Enclave' for which no land is available, however, the allotment of the plots was made in the referred housing scheme. 3. The learned counsel for the petitioner inter alia submits that the petitioner has no role in cheating and mis-appropriation of investment collected from public at large and the same was done by one Muhammad Idrees, who mis-used the name and stamp of Al-Barka Marketing Pvt. Ltd. It was further…

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