2022 PLP 6 (YLRN)

SYED SHAHBAZ ALI RIZVI, J.

Through this petition, Tanvir Hussain and Dildar Hussain petitioners seek post arrest bail in case FIR No.172 dated 4.12.2020 registered for offences under sections 18 and 22 of Emigration Ordinance, 1979 read with section 6 of Passport Act, 1979 and section 109 of Pakistan Penal Code, 1860, at Police Station FIA/AHTC, District Rawalpindi.

2. Allegation against the petitioners is that they received an amount of Rs.2,84,000/- along with copies of passport, CNIC and driving license from the complainant to arrange for his job in Dubai but neither they sent the complainant abroad nor returned the amount.

3. Arguments heard. Record perused.

4. It has been noticed that petitioner No.1 even per prosecution's case, never induced the complainant for the payment of any amount in connection with a work visa for Dubai, though he had been allegedly receiving certain amounts from the complainant on behalf of his brother, petitioner No.2. During his physical custody with the Investigation Agency, nothing could be recovered at his instance.

5. To the extent of Dildar Hussain petitioner, though as per crime report complainant transferred an amount of Rs.21,464/- in bank A/c No.000257282189 yet during arguments the Investigation Officer, present in Court, admits that the said account is not owned by petitioner Dildar Hussain rather it is a joint account of some Mst. Irshad Begum and Mehfooz Yousaf. He also concedes, that both of the joint account holders have not yet been joined with the investigation of this case. Prosecution is not equipped with any forensic report with regard to the call recording of the complainant and petitioner Dildar Hussain so far. Petitioners admittedly do not have any previous criminal record. During investigation, nothing out of the documents allegedly given by the complainant to petitioner Dildar Hussain could be recovered at his instance. In this view of the matter, relevance and credibility of the recovery of mere cash amount of Rs.22,000/- at the instance of petitioner Dildar Hussain is yet to be seen by the learned trial court and that can only be done after recording of evidence. These circumstances make the case of petitioners one of further inquiry into their guilt entitling them to the grant of post arrest bail. Hence, this petition is allowed and the petitioners are admitted to post arrest bail subject to their furnishing bail bonds in the sum of Rs.2,00,000/- each with one surety each in the like amount to the satisfaction of learned trial court. SA/T-4/L Bail granted.