2016 P Cr (PLP)

QALANDAR ALI KHAN, J.

Ali Asghar, accused/petitioner, has been arrested and is behind the bars in case vide FIR No.24 dated 12.06.2013 under sections 18-B and 22-B of the Emigration Ordinance, 1979, registered in Police Station FIA, Abbottabad, on the report of Mir Afzal, complainant/respondent No.2, who alleged about taking of huge amount by the accused/petitioner from him as well as other persons for sending them abroad for employment in Dubai; but they were not sent abroad. It was also alleged in the FIR that the accused/petitioner was a fake recruitment agent and was not an overseas employment promoter.

2. As is the practice prevailing in the FIA, an inquiry preceded registration of the case on the basis of approval of Director FIA, during which statements of several persons, including brother of the accused/petitioner namely Muhammad Aslam were recorded. The accused/petitioner, however, remained at large and was proceeded against under sections 204 and 87, Cr.P.C. and challan was submitted against him under section 512, Cr.P.C. He was declared P.O and perpetual warrant of arrest was issued against him by the learned Special Judge (Central) Peshawar, vide order dated 13.01.2013. The accused/petitioner approached the Court for post arrest bail, but his bail application was dismissed by the learned Special Judge (Central) Peshawar, vide order dated 07.03.2016; hence this bail petition. 4(sic.) Arguments of the learned counsel for the accused/petitioner and learned Deputy Attorney General for Pakistan assisted by the learned counsel for the complainant/respondent No.2 heard, and record perused.

5. The accused/petitioner was, admittedly, not an overseas employment promoter but he nevertheless committed fraud and cheating by extorting hard earned handsome amount from different innocent persons by luring them into employment abroad, and then going into hiding, and resurfacing after about three years of the registration of the case against him despite the fact that case against him was in his knowledge as statement of his brother was recorded on 07.03.2013. He has not furnished any explanation, let alone plausible explanation, for his such a prolonged absconsion. There is a prima facie case against him which connects him with the commission of the offence in the light of statements of the affected persons, together with statement of his real brother, namely Muhammad Aslam. The offence with which the accused/petitioner has been charged also fall within the purview of prohibitory clause contained in section 497 Cr.P.C. The case against him is still under investigation as supplementary challan has not yet been submitted against him, therefore, no ground exists to extend concession of bail to the accused/petitioner at this stage. (2005 YLR 3069, 2001 PCr.LJ 588 {Karachi} (b), 2011 PCr.LJ 1214 {Quetta} and unreported judgment of this Court in case tilted 'Muhammad Nazir v. The State etc.' Cr.M No.214-A of 2016 decided on 21.04.2016).

6. Consequently, the bail petition is dismissed, but the prosecution is directed to expedite submission of supplementary challan against the accused/petitioner for early commencement of trial against him. HBT/227/P Bail refused.