2017 PLP 2458 (YLR)
REHMAN ULLAH — Petitioner Versus The STATE and another — Respondents
| Citation | 2017 PLP 2458 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Lal Jan Khattak, J |
| Parties | REHMAN ULLAH — 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 2458 (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 2017 PLP 2458 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Lal Jan Khattak, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 2458 (YLR) (REHMAN ULLAH — 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
Ss. 497
Emigration Ordinance (XVII of 1979), Ss. 18(b) & 22(b)
Fraudulently inducing to emigrate etc., receiving money etc. for providing foreign employment
Accused was charged for taking money from complainant in order to send him abroad
No specific date was mentioned on which the complainant gave money to accused for the purpose
Lesser punishment would be considered by court for the purpose of bail when statute had provided two punishments simultaneously for commission of an offence
No certainty existed as to what term of imprisonment would be awarded to the accused
Investigation in the case was complete and accused was no more required for further investigation
Bail was granted accordingly. 2006 MLD 1062; 2012 YLR 1106/2511; 2014 PCr.LJ 297; 2016 YLR 355 and 2016 PCr.LJ 1238 rel. Shahab Khattak for the Complainant. Muhammad Safdar Khan, Standing Counsel for the State.
Judgment & Decree
LAL JAN KHATTAK, J.
Petitioner Rehmanullah seeks his post arrest bail in case FIR No.44 dated 26.01.2017 under sections 18(b) and 22(b) of the Emigration Ordinance, 1979 of Police Station FIA, AHTC, Peshawar, wherein, he is charged for taking money from the complainant in order to send him abroad.
2. Arguments heard and record gone through.
3. A cursory look at the case record would show that in the FIR no specific date has been mentioned on which the complainant had given money to the petitioner for sending him abroad, which aspect of the case cannot be overlooked while deciding this bail petition. Furthermore, both the offences for which the petitioner stands charged are punishable with imprisonment for 14 years or with fine or with both. It is well settled that when a Statute provides two punishments simultaneously for commission of an offence, then for the purpose of bail the lesser punishment is considered by the court and there is reason for that as in case the prosecution succeeds in proving its case against the accused, then whether the court will inflict him the maximum or the minimum sentence, which aspect of the case has brought the petitioner's case within the ambit of further inquiry as there is no certainty that he will be awarded the term of imprisonment. Moreso, investigation in the case is complete and the petitioner is no more required for further investigation. Apart from the above learned counsel for the petitioner relied on case law reported as 2006 MLD 1062, 2012 YLR 1106/2511, 2014 PCr.LJ 297, 2016 YLR 355 and 2016 PCr.LJ 1238, wherein, the accused similarly charged were granted bail.
4. Tentative assessment of the case record would reveal 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., therefore, he is entitled to the concession of bail.
5. 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.100,000/- 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/185/P Bail granted.