' Through this petition Rana Muhammad Ayub petitioner has sought post-arrest bail in case F.I.R.
No,108 registered at Police Station F.I.A. Passport Circle, Lahore on 22-1-2004 for offences under sections 17/22 of the Immigration Ordinance, 1979.
2. After hearing the learned counsel for the parties and going through the record it has straightaway been observed that the allegations levelled against the petitioner in the F.I.R. As well as in the statements recorded under section 161, Cr.P.C. Are merely general and collective in nature.
Throughout the investigation of this case the complainant party has failed to specify as to when the petitioner had received any money from the complainant, how much money was received by the petitioner and where such money was paid to the petitioner? There is no documentary evidence available on the record of investigation so as to substantiate the above-mentioned vague and generalized allegations levelled against the petitioner by the complainant party. A perusal of the F.I.R. As well as the record of investigation shows that apparently the role allegedly played by the petitioner during the entire transaction was merely secondary in nature to that allegedly played by the petitioner's co-accused namely Peer Talib Hussain who has already been admitted to post-arrest bail by the learned trial Court on the basis of a compromise between him and the complainant party. Admittedly nothing had been recovered from the petitioner's possession during the investigation of this case. The investigation of this case has already been finalized to the extent of the petitioner and, thus, his physical custody is no longer required at this stage for the purposes of investigation.
3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,1,00,000 (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.