2017 PLP 1884 (MLD)
AFSAR ALI — Petitioner Versus The STATE and another — Respondents
| Citation | 2017 PLP 1884 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | AFSAR ALI — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 1884 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 1884 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 1884 (MLD) (AFSAR ALI — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Hussain Yousafzai for Petitioner.
Headnotes / Summary
S.497
Emigration Ordinance (XXVII of 1979), Ss.18(b) & 22(b)
Passports Act (XX of 1974), S. 6
Fraudulently inducing to emigrate, receiving money etc. for providing foreign employment, offence relating to passport
Complainant had alleged that accused received money from him and others for sending them abroad
Agreement between accused and complainant was on record whereunder accused was to handover two cheques and certain amount to complainant
Execution of said agreement was not denied by the complainant, matter in question, therefore, was one of civil nature
Allegation of receiving amount from complainant by accused was in the year 2015 while FIR was lodged in the year 2017
Court while deciding bail application would look into the offence which prescribed a lesser punishment which in the present case could be fine only
Tentative assessment of available record had led to believe that involvement of accused qua his guilt in crime needed further inquiry in terms of subsection (2) of S. 497, Cr.P.C.
Bail was granted accordingly.
Judgment & Decree
LAL JAN KHATTAK, J.
Petitioner Afsar Ali has applied to this court for his release on bail in case FIR No.106 dated 13.06.2017 under sections 18(b)/22(b) of Emigration Ordinance, 1979 and section 6 of the Passports Act, 1974 of Police Station FIA/AHTC, Circle Mardan, wherein, he is charged for receiving money from the complainant and others for sending them abroad.
2. Arguments heard and record gone through.
3. Perusal of the case record would reveal that there has been executed an Agreement between the petitioner and the complainant side on 09.08.2016 whereunder the petitioner was to handover two cheques and certain amount to the complainant. It has further been agreed between the parties that in case the petitioner fails in payment of the agreed amount to the complainant side, then in that eventuality, the complainant will recover the same from movable and immovable properties of the petitioner.
4. In view of the aforesaid Agreement, execution of which was not denied by learned counsel for the complainant, the petitioner has become entitled to the concession of bail as the matter has become one of civil nature. Furthermore, allegation of receiving the amount from the complainant by the petitioner is of 2015 while the FIR has been lodged in the year, 2017, which aspect of the case too cannot be excluded from considering the petitioner's bail plea. In addition, both the sections of law i.e. 18(b) and 22(b) of Emigration Ordinance, 1979 provide two alternate punishments of 14 years imprisonment or with fine or both and it is well settled that while deciding a bail petition the court will look into the offence, which prescribes a lesser punishment, which in the petitioner's case may of fine only.
5. Tentative assessment of available record has led this court to believe that involvement of the petitioner qua his guilt in the crime needs further inquiry in terms of subsection (2) of Section 497, Cr.P.C. and as such he is entitled to the concession of bail.
6. For what has been discussed above, this petition is allowed and the petitioner is granted bail subject to his furnishing bail bonds in the sum of Rs.1,00,000/- with two sureties each in the like amount to the satisfaction of learned trial court, which shall ensure that the sureties are local, reliable and men of means. WA/240/P Bail granted.