| Citation(s) |
|---|
| 2003 SLG 3914 2003 SLD 3914 2003 PLD 22 |
Balochistan High Court
Criminal Bail Application No. 134 of 2002, Dated: 17th July, 2002, heard on: 9th July, 2002.
RAJA FAYYAZ AHMED, CHIEF, JUSTICE
Syed Ayyaz Zahoor for Applicant. K.N. Kohli, Dy. A.G. for the State.
Criminal Bail Application No. 134 of 2002, Dated: 17th July, 2002, heard on: 9th July, 2002.
RAJA FAYYAZ AHMED, CHIEF, JUSTICE
Syed Ayyaz Zahoor for Applicant. K.N. Kohli, Dy. A.G. for the State.
HAJI BOSTAN ALI--Applicant
VS
THE State.
Law:
Section:
Criminal Procedure Code (V of 1898)---.--- ---.--- S. 497---.---Emigration Ordinance (XVIII of 1979), Ss.17, 18 & 22---.---Penal Code (XLV of 1860), Ss.420/109/34---.---Bail---.---Accused had allegedly received Rs.5,00,000 from two persons on the pretext of sending them abroad and providing them employment there---.---Both the said persons were sent to different countries by the accused who eventually were left stranded in Indonesia at the mercy of circumstances and ultimately were arrested and they had to undergo a lot of sufferings of different types---.---Sufficient material in the form of passports of the said persons and the statements of witnesses was available, on record to involve the accused in the commission of non¬-bailable offences which had disentitled him to claim bail as a matter of right---.---Bail was refused to accused in circumstances. Shakeel Hassan Rashidi v. The State 1992 MLD 99; 2001 PCr.LJ 588; PLD 1982 Kar. 1011 and 1986 PCr.LJ 567 ref. THIS ORDER PASSED BY: RAJA FAYYAZ AHMED, CHIEF JUSTICE:---.--- The accused/applicant was arrested and has been confined in District Jail, Quetta in connection with case Crime No. 2 of 2002 dated 25 4 2002 registered with Passport Circle F.I.A. under sections 17/18 and 22 of Immigration Ordinance, 1979 and under sections 420/109/34, P.P.C. pursuant to the finalization of the inquiry No. 1 of 2002 of F.I.A. Passport Circle, Quetta. The, bail plea of the accused/applicant has been rejected by the learned Additional Sessions Judge I, Quetta vide order dated 12 6 2002 passed in Criminal Bail Application No. 152 of 2002. 2. The brief facts of the case are that upon finalization of Inquiry No. 1 of 2002 conducted by the F.I.A., Passport Circle, Quetta it came to limelight that accused Bostan Ali Recruiting Agent, resident of Alamdar Road, Quetta had lured the complainants Ishaq Ali and Ramzan Ali that he will send and arrange for the immigration of the brother of Ishaq Ali and son of Ramzan Ali to Australia in consideration of Rs.2,50,000 each and in this way accused Haji Bostan Ali successfully received Rs.5,00,000 for each of the above said persons to be deported by him to Australia. After receiving the…
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