1995 PLP 1819 (MLD)

(b) Criminal Procedure Code (V of 1898)‑

‑‑‑‑S. 497(2)‑‑‑Emigration Ordinance (XVIII of 1979), S.17(1)/24(6) ‑‑‑ BA grant of‑‑‑Accused wanted to go abroad for a job‑‑‑Seals/stamps on visa papers provided to accused by the Agent were found to be forged‑‑‑Mere payment of huge amount of Rs.50,000 to the Agent could not make the accused guilty of forgery, which might have been committed‑by the Agent without his knowledge‑‑‑Investigation Authorities had to find out by evidence that the accused himself wanted the forged visa and, therefore, he had paid the said amount of Rs.50,000 to the Agent‑‑‑Case against accused, in circumstances, needed further inquiry and he was admitted to bail accordingly. Tariq Bashir v. The State PLD 1995 SC 34 ref. Mir Afzal for Applicant. Ikram Ahmed Ansari, DA: G. for the State. Learned counsel for the applicant has argued that this case was registered against the applicant after he was arrested from the airport at Karachi when he was attempting to proceed to Saudi Arabia. The allegations of the prosecution are that Saudi Employment Visa and Clearance/Registration Stamp of "Protector of Emigrants" affixed on the passport of the applicant, was forged. During the course of enquiry, the applicant had disclosed that the said Visa Clearance/Registration Stamp on his Passport was provided to him by an agent Chaudhry Nazir Ahmed of Messrs Bismillah Enterprises, Sargodha, to whom the applicant had paid a sum of Rs.50,

000. After investigation a complaint under section 24(6) of Immigration Ordinance, 1979 was filed in the Court of Special Court (Central), Karachi, as, after the investigation, the F.IA. (Passport Cell) Karachi had come to the conclusion that the applicant was liable for punishment of an offence under section 17(1) of the Emmigration Ordinance. Learned counsel for the applicant has argued that maximum punishment provided for this offence is 5 years' imprisonment or fine or both, and therefore, he has requested for bail for the applicant, relying on the case of Tariq Bashir v. The State PLD 1995 SC 34, in which the principle has been reiterated that grant of bail in cases where punishment is less than 10 years is a rule and the rejection should be an exception. Mr. Ikram Ahmed Ansari, learned D.A.- G. appearing for the State, opposed the request of applicant and has argued that since in this case the applicant has paid a sum of Rs.50,0P0 to the agent, there is presumption that he must be a party to the forgery of the stamps on his passport and, therefore, he does not deserve to be released on bail. I have heard the arguments advanced by the learned counsel and find that the applicant at preset is in judicial custody while the investigation authorities are trying to arrest the agent, who is said to be absconding. The applicant is a job‑seeker. He wanted to go to Saudi Arabia for a job. Seals/stamps on visa papers which were provided to the applicant by the agent, have been found to be forged. Mere payment of huge amount to the agent should not make the applicant guilty of forgery, which may have been committed by the agent without the knowledge of the applicant. It is for the investigation authorities to find out by evidence that the applicant himself g wanted the forged visa and, therefore, he paid a sum of Rs.50,000 to the agent. Under these circumstances, this case falls under the category of a case of further enquiry. Therefore, I feel it proper to allow this application. The applicant is ordered to be released on bail on his furnishing one surety in the sum of Rs.1,00,000 (Rupees one lac) with P.R. Bond in the like amount to the satisfaction of the trial Court. N.H.Q./M‑2100/K????????????????????????????????????????????????????????????????????????????????????????? Bail allowed.