1. ' MRS. QAISAR IQBAL, J.--- Applicant Abdul Wahid Kath son of Adam has applied for bail under section 497, Cr.P.C. In Crime No,7 of 2006, under sections 17(i), 22(b) Emigration Ordinance, 1979.
2. ' Precisely the facts leading to application are that on 13-12-2005, Inspector Sikandar Ali Baloch of F.I.A. Departure had lodged a report stating therein that on the basis of an Inquiry No,558, dated 31- 12-2005 of Passport Cell, Karachi based on off loading report, a passenger Muhammad Bilal was proceeding to Jeddah by a Flight No,PK-731, due to suspicion change of photographs, the case was registered against him and he was arrested.
3. ' It is alleged that Muhammad Bilal had disclosed to F.I.A. That he knew Shahid and Adam from Madina, where he was engaged in job. They arranged Umrah and pilgrimage groups for Hajj.
4. Arrested accused Muhammad Bilal disclosed that in the year 2003 he returned back to Pakistan, he could not return back as his employment visa for Saudi Arabia, which had expired. Mr. Adam had advised him to get visa from any recruiting agency, Muhammad Bilal could not succeed, subsequent thereof, Adam had arranged him for his employment visa through one Rafiq residing at Saudi Arabia and that he also paid him Rs,1,10,000 against the agreed amount of Rs,2,40,000.
5. Muhammad Bilal had contacted Mst. Naseema wife of Rafiq, who had arranged visa for him and purchased air ticket from Messrs Hiba Travel Services, Karachi for proceeding to Saudi Arabia. F.I.A.
6. Had also registered the case against Rafiq, his wife and Ghulam Mustafa in the illegal business of forged visa for employment in Saudi Arabia, whereas the applicant/proprietor of Messrs Hiba Travel Services Karachi, was connected in the commission of offence for issuance of air tickets against fake and forged visa, he was arrested and connected in the commission of charged offence.
7. ' The learned counsel appearing for the applicant has contended that there is no nexus between the alleged offence committed by Muhammad Bilal and his associates as the applicant is the owner of the travelling agency of P.I.A., he is not scrutiny of visas, therefore, the applicant has been connected in the commission of charge offence on the basis of no evidence. It is next urged that the applicant is not involved for providing foreign employment or in human trafficking, the offence as the best to punishable, upto five (5) years, the applicant is entitled to concession of the bail.
8. ' The Standing counsel has conceded to the grant of the bail in favor of the applicant on the premises that the applicant is not involved in the trafficking of human beings that only role attributed to him is to arrange for a ticket for Muhammad Bilal.
9. ' I have considered the arguments advanced at bar.
10. ' The F.I.R. Reveals that the applicant had only arranged for a ticket for Muhammad Bilal being an owner of travelling agent of P.I.A. The offences with which the applicant is charged are no evidence is available, therefore, case requires further inquiry within the ambit of subsection (2) of section 497, Cr.P.C.
11. ' In the above circumstances, Abdul Wahid Kath son of Adam Kath is admitted on bail subject to furnishing solvent surety in the sum of B Rs,1,00,000 and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.
12. ' Since in the matter cognizance has not been given by the Judicial Magistrate, having jurisdiction of F.I.A. Matters, deputed in District Malir, therefore, the office is directed to issue release writ, upon furnishing the solvent surety for and on behalf of the applicant.