' Seeks post-arrest bail in case F.I.R. No.547 of 2003 dated 25-10-2003 for the offence under sections 17/22 Emigration Ordinance, 1979 registered at Police Station FIA, Passport Circle, Lahore.
2. In nutshell the allegation against the petitioner is that in the year 2002 he had received Rs.5,00,000 from the complainant on the pretext of sending him abroad (Italy) for employment.
Allegedly petitioner failed to honour the commitment and upon the repeated demands had returned only Rs.50,000 to the complainant.
' During the investigation petitioner was arrested on 17-4-2004. The bail application of the petitioner was dismissed by Special Judge (Central), Lahore vide order dated 20-9-2004. Hence this petition.
3. Heaid. File perused.
4. The stand of the learned counsel for the petitioner is that in fact petitioner was defrauded by the complainant party who had deceitfully received Rs.5,00,000 on the pretext of buying jewellery for the second wife of the petitioner but later on supplied fake jewellery and upon the demand of the petitioner for the return of the amount, has been falsely involved in this case. On the other hand the stand of Investigating Agency is the petitioner never took the said plea during the investigation and whatever has been stated today before the Court is nothing but an afterthought.
Be that as it may, the petitioner is behind the bars for the last more than eight months and admittedly till today the prosecution has not submitted the challan before the trial Court.
Admittedly during the investigation nothing was recovered from the petitioner and the entire case of the prosecution rests upon the oral statements of prosecution witnesses. The investigation in this case is almost complete and petitioner is no more required for the said purpose. Keeping in view the conduct of the Investigating Agency i.e. Delay in submitting the challan before the trial Court, I arn persuaded to entertain this application. Accordingly this petition is allowed, petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of the trial Court.
5. The concerned Director FIA is directed to personally look into the matter and take legal action against the persons who are responsible for the delay in submitting the challan/report under section 173, Cr.P.C. As required under the law. The compliance report shall be submitted to the Deputy Registrar (Judicial) of this Bench within fifteen days.