Through the instant petition, Ahmed Bakhsh petitioner has sought for his post-arrest bail in case FIR No, C-128/11, dated .6.2011, offence under Sections 17 and 22 of the Emigration Ordinance, 1979, registered at Police Station FIA, Faisalabad.
2. Allegation against the petitioner, in brief, as per contents of FIR, is that he took Rs, 6,00,000/- from Muhammad Nawaz complainant for sending his brother Umar Draz and cousin Mudassar Khan abroad.
3. Learned counsel for the petitioner contends that the petitioner is innocent and has falsely been involved in the case. Learned counsel vehemently submits that there is a delay of three years in lodging the FIR and even date, time and place of occurrence has not been mentioned. Learned counsel next argues that one of the co-accused Ramzan has been declared innocent, whereas, the other co-accused Khan Muhammad has passed away. It is also argued that there is no direct allegation against the petitioner and only allegation of counting the amount is leveled. In such circumstances, when person of the petitioner is no more required by the police for further investigation and he is also previous non-convict, learned counsel urges, he is entitled to the concession of bail.
4. Contrarily learned Deputy Attorney General has opposed the contentions raised by learned counsel for the petitioner with the averments that he is nominated in the FIR, who alongwith his co- accused deprived the complainant from a huge amount, therefore, in presence of sufficient incriminating material, he is not entitled to the concession of bail.
5. Arguments advanced pro and contra have been heard. I have also gone through the record available on file.
6. Admittedly the petitioner is nominated in the FIR; however, there is a delay of three years in lodging the crime report and even date, time and place of occurrence has not been mentioned.
Allegation against the petitioner is oral in shape and there is no document to suggest that the petitioner received the amount. During the course of investigation only allegation of counting the amount has been leveled against the petitioner. Moreover, Muhammad Ramzan co-accused has been declared innocent, whereas, Khan Muhammad, main accused of the occurrence has passed away. The petitioner is behind the bars since the date of 'his arrest and his person is no more required by the police for further investigation. He is also stated to be previous non-convict.
7. All these facts when put side-by-side, persuade this Court to believe that petitioner has made out a case falling under Section 497(2), Cr.P.C. entitling him for his enlargement on post-arrest bail.
Resultantly, the instant petition is accepted and the petitioner is admitted to bail after arrest subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.