2007 PLP 1188 (YLR)
MUHAMMAD YOUSAF — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 1188 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Jehangir Arshad, J |
| Parties | MUHAMMAD YOUSAF — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1188 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1188 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Jehangir Arshad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1188 (YLR) (MUHAMMAD YOUSAF — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Rehman Khan for Petitioner.
Headnotes / Summary
S. 497(2)
Emigration Ordinance (XVIII of 1979), S.17(1)
Passports Act (XX of 1974), Ss.3 & 4
Bail, grant of-Further inquiry
Accused who were citizens of Pakistan, prima facie were entrapped by unscrupulous agents/human smugglers in anticipation of their bright future in the foreign country
All accused were behind the bars since 9-8-2006 and no useful purpose would be served by keeping them behind the bars anymore
Offences against accused being punishable either with imprisonment or fine or with both, extent of sentence was also a question open to further inquiry, whereas said offences did not fall within prohibitory clause of S.497, Cr. P. C.
Accused were admitted to bail, in circumstances. Ch. Saghir Ahmad, Standing Counsel for F.I.A. Ghulam Nabi Khan, Inspector/ S.H.O. P.S. F.I.A. Multan Circle, Multan.
Judgment & Decree
MUHAMMAD JEHANGIR ARSHAD, J.
On account of similarity of facts and circumstances, I propose to decide the Criminal Miscellaneous No.3091-B of 2006 along with Criminal Miscellaneous Nos.3142-B of 2006, 3143-B of 2006, 3149-B of 2006, 3150-B of 2006, 3151-B of 2006, 3152-B of 2006 as well as 3153-B of 2006, through this single order.
2. All the petitioners are accused of offence under section 17(1) Emigration Ordinance, 1979 read with sections 3 and 4 of the Passports Act, 1974 Police Station Crimes Circle, Multan, with the allegation that they left the country for Oman without proper documentation viz. passport and visa, etc, where they were arrested by Oman Police and deported to Pakistan through launch (Al-Tawakal), as illegal emigrants and when they reached Ghass Bandar check post, Karachi they were arrested under the abovementioned relevant provision of law.
3. It is contended on behalf of the petitioners that they were trapped by human smugglers and thus they have already suffered physical and mental agony as well as financial loss and that they cannot be kept behind the bars till identification of the agents/smugglers responsible for illegal emigration.
4. Learned standing counsel for F.I.A. has not seriously contested these applications.
5. Arguments considered. Record perused.
6. The petitioners are citizens of Pakistan and prima facie they were trapped by unscrupulous agents/human smugglers in anticipation of their bright future in the foreign country. All the petitioners are behind the bars since 9-8-2006 and no useful purpose would be served by keeping them behind the bars anymore. Finally the abovementioned offences are punishable either with imprisonment, or fine or with both, therefore, the extent of sentence is also a question open to further inquiry, whereas, these offences also do not fall within prohibitory clause. Resultantly, all these bail applications are allowed and petitioners are admitted to post-arrest bail on their furnishing bail bonds in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of learned Special Judge Central, Multan/trial Court. H.B.T./M-623/L Bail granted.