NAJUM UZ ZAMAN, J.- Seeks post-arrest bail in case FIR No.25/2004 dated 27.07.2004 for the offences under Sections 17/22 of E.O., 1979 registered at Police Station FIA, P.C. Gujranwala.
2. In brief the allegation against the petitioner is that he along with other co-accused in furtherance of their common intention had deceitfully received Rs. 2,50,000/- from the complainant party in order to make arrangement for employment/send Atta-ur-Rehman and Ijaz Ahmad abroad. Allegedly this commitment was never honored not the disputed amount has been returned by the petitioner or his co-accused.
3. During the investigation the petitioner was arrested in this case on 06.08.2004. Bail application of the petitioner was dismissed by Special Judge (Central), Lahore vide order dated 13.09.2004, hence this petition.
Heard. File perused.
5. The entire case of the prosecution against the petitioner is that from Malaysia he had been instructing on telephone to the complainant party to make payment (disputed) amount to his co- accused and in compliance the amount was paid. Admittedly there is no direct evidence against the petitioner to show that he had received the amount from the complainant party. Learned counsel for the complainant submits that complainant party is also in possession of an audiocassette showing the involvement of the petitioner for the commission of this offence. How far this type of evidence would be sufficient to connect the petitioner with the commission of offence is yet to be determined by the Trial Court after recording of evidence of both the sides.
Prima facie, the said circumstances are sufficient to bring the case of the petitioner within the fold 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. 1,00,000/- (rupees one lac) with one surety in the-like amount to the satisfaction of the Trial Court.