' Haji Muhammad Ishaq son of Haji Muhammad Ilyas seeks post-arrest bail in case F.I.R. No.44 of 2005 dated 20-4-2005 registered at Police Station F.I.A., Faisalabad for offences under sections 17/22 of Emigration Ordinance, 1979 read with section 6 of the Passport Act, 1974.
2. The case of the prosecution as it unfolded in the F.I.R. Was that Riaz Ahmad S.-I. Police Station FIA Faisalabad, had received a secret information that one" Muhammad Nadeem Shahid son of Muhammad Saeed resident of Tehsil Samandri District Faisalabad was staying with one of his relatives' at Toba Tek Singh and was receiving passports from various people for getting visas for sending them to foreign countries and if a raid was conducted a large number of passports and visas could be recovered from him. On this information a raiding party had been constituted on the direction of Deputy Director FIA Faisalabad, which consisted of Inspector Muhammad Nadeem Chaudhry and Constables Waris Ali and Muhammad Sarwar. The raiding party found Muhammad Nadeem Shahid present near House No.4 Street No.3 Noor Park, Faisalabad Road, Toba Tek Singh; Inspector Muhammad Nadeem Chaudhry after introducing himself searched the shopper which Muhammad Nadeem Shahid had been holding in- his hand; the search yielded a large number of passports, visas, etc. During the investigation Muhammad Nadeem Shahid disclosed that he had been receiving passports against advanced payment for getting visas for sending people abroad.
3. According to the prosecution after registration of the case Muhammad Nadeem Shahid disclosed that Muhammad Ishaq petitioner was a partner with him in this nefarious activity.
4. The learned counsel for the petitioner argued that in fact the petitioner was one of the victims of fraud committed by Muhammad Nadeem Shahid and that the passports mentioned at Serials Nos.15 and 29 of the F.I.R. Belong to the real brother of the petitioner as such he himself was as an aggrieved person; that two of the passport-holders, namely Fazal Din and Kamran Shaukat had appeared in the Court and had made statements that they did not pay any amount to the petitioner in connection with emigration.
5. On the other hand Mr. Tanvir Ahmed Shami, the learned counsel for the State argued that the petitioner belongs to a gang which had been deceiving and defrauding innocent people of their life-savings under the pretence of sending them abroad and that as such they are not entitled to the concession of bail at this stage.
6. After hearing the learned counsel for the parties and examining the record it appears that Fazal Din and Kamran Shaukat are not the only ones who had allegedly been deprived of their passports and cash. Apart from the said two persons a large number of statements under section 161, Cr.P.C.
Have been recorded of the allegedly deceived persons who have levelled serious allegations against Muhammad Nadeem Shahid as well as the present petitioner. Those persons include Fazal Din, Ghulam Qadir, Muhammad Javaid, Shaukat Ali and Ibrar Hussian. Some of them have even gone to the extent of stating that they had gone to the petitioner's village where the passports and money had been given to the latter for sending them abroad. The mere fact that the petitioner has procured affidavits of a couple of affect persons; out of approximately thirty-five does not advance his case for bail. The practice of defrauding innocent and simple people under the guise of sending them abroad has assumed alarming proportions and this menace has so far not been dealt with the amount of seriousness that it deserves. There is no merit in this petition which is accordingly dismissed.