' Through this petition Shahid Ali petitioner has sought post-arrest bail in case F.I.R. No.78 registered at Police Station F.I.A., Crime Circle, Faisalabad on 30-9-2003 for offences under sections 17/22 of the Emigration Ordinance, 1979.
2. After hearing the learned counsel for the petitioner and the Investigating Officer and after going through the record' of this case with their assistance it has been noticed that according to the F.I.R.
The petitioner had undertaken to send Azhar Abbas, Anwar-ul-Hassan and Riaz-ul-Hassan abroad for the purpose of employment and according to the F.L R. Itself the said three' persons had in fact gone abroad and had then subsequently returned to Pakistan after sometime. There is nothing available on the record of investigation to independently establish that 'it was the petitioner who had sent the said persons abroad or that the said persons had been deported. The Iqrarnama dated 6-4-2002 being relied upon by the prosecution mentions seven other persons and not the above mentioned three persons who, according to the F.I.R., were to be sent abroad by the petitioner. Even the prossessory note dated 6-4-2002 being relied upon by the prosecution does not mention the said three persons referred to in the F.I.R. The Iqrarnama as well as the promissory note appear to be relevant to some other allegation against the petitioner but not to the allegation contained in the F.I.R. In the present case. The learned counsel for the petitioner has referred to a number of affidavits wherein different persons have maintained that the three persons mentioned in the F.I.R. Had in fact gone abroad with the assistance of one Tariq Shah and the present petitioner had nothing to do with the same. It is not disputed that nothing had been recovered from the petitioner's possession during the investigation of this case. The petitioner's physical custody is no longer required for the purposes of investigation as the investigation qua him has already been finalized.
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 two sureties each in the like amount to the satisfaction of the learned trial Court.