' MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.--- Seeks post-arrest bail in case F.I.R. No,130 of 2006, dated 18-1-2006 for the offence under sections 17/22 of E.O., 1979 registered at Police Station F. I. A . , Gujranwala.
2. The precise allegation against the petitioner as penned in the F.I.R. Is that he along with other co- accused namely Aqeel Ahmed had received Rs,4,16,900 from the complainant Waseem Butt on the pretext of sending him abroad (Korea) for employment. Allegedly this commitment was never honoured nor has the said amount been returned.
' Petitioner was arrested in this case on 26-3-2006. Bail application of the petitioner was dismissed by Special Judge (Central), Lahore vide order, dated 22-4-2006, hence this petition.
3. After hearing learned counsel for the parties and perusing the record, I have observed that though in the F.I.R. Allegation against the petitioner is that he along with other co-accused had received the said amount from complainant Waseem Butt on the pretext of sending him abroad for employment but the data available on the record is absolutely silent with regard to receiving of money by the petitioner himself and the entire case is that the said amount was received by the co-accused of the A petitioner namely Aqeel Ahmed and that the amount was paid upon the asking of the petitioner. In this view of the matter how far the petitioner could vicariously be liable for the commission of offence is a question' which calls for further inquiry entitling him to the concession of bail. Accordingly this petition is allowed and petitioner is admitted to bail subject to his furnishing bail bonds amounting to Rs,1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of D.R. (Judicial) of this Court.