2003 PLP 1675 (MLD)

S.497

Penal Code (XLV of 1860), Ss.416 & 420

Bail, grant of-- Accused alongwith two others had been challaned, but out of them only accused was arrested and was in jail

Statement of complainant had shown that entire deal was with main accused and amount settled was to be paid to him

Under direction of main accused cash was delivered by complainant to accused who immediately passed on to the second co accused

Accused was not alleged to have settled the terms of the deal-- Practical and substantial involvement of accused in the crime in circumstances, was yet to be established during trial

Accused for the present had a case for grant of bail

Bail was granted to him. Adrian Ahmad for Applicant. Nemo for the State. The prosecution case is that Asim Ali and Jahangeer Ahmed Seamen by profession wanted employment on foreign flag ship. Asim Ali through his friend Khurran Hamid contacted Captain Arif Hamid Wyne of Messrs Khan Shipping Company, Office at K-18, 11th Floor, Block 6 "The Plaza" PECHS, Shahrah-e-Faisal Karachi. Who assured them of getting job on foreign flag ship if paid Rs.1,50,000 by each as pirent parties remained in contract with each other and lastly Asim Ali and Jahangeer Ahmed were informed by Arif Hamid Wyne that employment for them was arranged, therefore, they should report at his office and make payment there. On March, 2001 they reported at the Office of Messrs Khan Shipping Company and paid amount of Rs.3,10,000 to Muhammad Ayub Butt on the direction from Captain Arif Hameed Wyne. It is said that Muhammad Ayub Butt passed on the amount to Aftab the other man sitting in the office. After that the documents of Asim Ali and Jahangeer Ahmed were arranged and both of them dispatched to UAE, where they got the job on foreign flag ship Al -Mustafa against the salary of U.S. $ 100 per month. It is alleged that both of them were not paid salary for three months and also the ship where they were given job was Toug and not actual ship. They however, deserted the job and arrived in Pakistan. Then they reported the matter to FIA PP Circle Karachi. After enquiry the case was registered by Maratab Ali Shah, Sub-Inspector FIA. The applicant together with Aftab Ahmed and Arif Hamid Wyne has been challaned. Out of them only applicant Muhammad Ayub Butt was arrested and is in Jail. His bail plea was turned down by the learned trial Court, therefore, present application has been filed before this Court. Applicant's learned Advocate contended that in fact the statement of Asim Ali clearly shows that entire deal was with Arif Hameed Wyne and the amount was also to be paid to him. However. under his directions the cash was delivered to Muhammad Ayoub who immediately passed it on to Aftab Ahmed. The learned State counsel who is absent today had argued on the last occasion that in fact Muhammad Ayub Butt the applicant is also member of the team of Arif Hamid Wyne and had received amount from Asim Ali and Jahangeer Ahmed and then arranged their journey to Dubai. It is the prosecution case that Asim Ali and Jahangeer Ahmea had contacted Arif Hamid Wyne through Khuram Hamid and the terms were also settled between them. The applicant is not said to have settled the terms of the deal. The amount was also to be paid to Arif Hamid Wyne and the same was delivered to Muhammad Ayoub Butt at his instance. It is also in the statement of Asim Ali that Muhammad Ayoub passed on the amount to Aftab Ahmed. In the circumstances practical and substantial involvement of Muhammad Ayoub Butt in the crime is yet to be established during trial. For the present, he has a case for bail. Bail is granted. He" shall be released on furnishing surety in the sum of Rs.2,00,000 and P.R. bond in the like amount to the satisfaction of the' trial Court. H.B.T./M-484/K Bail granted.