' Qazi Muhammad Amin petitioner seeks post-arrest bail in case F.I.R. No.C-62 of 2003, dated 14-2- 2003 registered under sections 17/22 of Emigration Ordinance 1979, at Police Station Passport Cell, Lahore.
2. In nutshell case against the petitioner is that he along with one Major Muhammad Sadiq deceitfully received Rs.28,00,000 from Sufi Muhammad Aslam complainant on the pretext of sending his fifteen relatives, abroad for employment. Allegedly, petitioner did not honour the commitment nor he returned the amount. During investigation four passports were also recovered from the house of the petitioner. Petitioner was arrested on 18-3-2003. His bail application was dismissed by the Special Judge, Central, Lahore vide order dated 4-6-2003. Hence the instant petition.
3. Bail is sought on the grounds that the petitioner did not receive any money from the complainant party as alleged in the F.I.R. It is submitted that in fact petitioner had paid Rs.15,80,000 to the complainant for sending him and his cousin abroad and in order to usurp that amount complainant had falsely implicated the petitioner in this case. It is also submitted that there is nothing on the record to connect the petitioner with the commission of the offence; petitioner has no previous history; he never went abroad as alleged in the F.I.R. And in the circumstances, petitioner is entitled to the concession of bail. Conversely, learned counsel for the State has vehemently opposed the grant of bail.
4. Heard. File perused.
5. Record of this case reveals that during the investigation four passports of intending emigrants were recovered from the house of the petitioner. The agency has also brought on record the statements of fifteen witnesses who have specifically deposed that petitioner along with his co- accused had received huge amount for sending them abroad for employment but later on had failed to fulfil the commitment nor had returned the amount.
6. In the light of the data available on record prima facie there is ample evidence to connect the petitioner with the commission of offence under section 22 of Emigration Ordinance which falls within the prohibitory Clause of section 497, Cr.P.C. Finding no force in the instant petition the same stands dismissed.