2006 PLP 1281 (MLD)

MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.

Seeks post-arrest bail in case F.I.R. No.152 of 2004 dated 18-12-2004 for the offence under sections 17/22 of E.O., 1979 registered at Police Station FIA, P.C., Faisalabad.

2. In brief the allegation against the petitioner as penned in the F.I.R. is that he along with other co-accused namely Pervaiz had received Rs.4,60,000 from the complainant on the pretext of sending his son Imran Shahid to Germany for employment and this amount was paid in the presence of Muhammad Hanif son of Muhammad Ashraf and Faqir Hussain son of Ghulam Nabi at the house of Muhammad Yasin. Allegedly the said commitment was never honoured nor the said amount was returned by the accused persons and present F.I.R. was registered. During the investigation petitioner was arrested on 25-4-2005. Bail application of the petitioner was dismissed by Special Judge (Central), Faisalabad vide order dated 20-7-2005, hence this petition.

3. After hearing learned counsel for the parties and going through the record, I have observed that the matter was inquired into by the agency upon the application of Muhammad Yasin against petitioner and his co-accused namely Muhammad Pervaiz (brother) and Riaz Bibi (mother) that they have received Rs.4,60,000 in the house of the complainant on the pretext of sending Imran Shahid son of the complainant abroad for employment. The same facts have been mentioned in the F.I.R. but statements of Muhammad Hanif Qaiser Hussain tend complainant which were brought on record reveal that said amount was paid in three different transactions. Statedly Rs.100,000 were paid by Yasin to Pervaiz co-accused when petitioner and his mother Mst. Riaz Bibi were present in the house of the complainant. Thereafter, Rs.200,000 were sent to Pervaiz co-accused at Karachi through Hundi and allegedly the remaining amount i.e. Rs.1,60,000 were paid to the petitioner in the house of the complainant in the presence of said witnesses. With regard to the receiving of amount by the petitioner in the house of Yasin the complaint filed by the complainant and the contents of the F.I.R. are silent in this regard. The involvement of the petitioner with the specific role seems to be a later innovation during the investigation. Even otherwise petitioner according to the School Leaving Certificate (copy of the same has been placed on record) was minor at the relevant time. In the said circumstances of the case, I find strength in the arguments of learned counsel for the petitioner that in fact the elder brother of the petitioner had received the amount and in order to A pressurize the accused party the entire family of Pervaiz co-accused has been roped in this case. In this view of the matter, prima facie case of the petitioner falls within the ambit of further inquiry entitling him to the concession of bail. Accordingly this petition is allowed and petitioner is admitted to bail subject to his furnishing bail bonds amounting to Rs.100,000 (rupees one lac) with one surety in the like amount to the satisfaction of D.R. (Judicial) of this Bench. H.B.T./M-231/L????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.