1. LAL JAN KHATTAK, J.--- Petitioner Rehmanullah seeks his post arrest bail in case FIR No.44 dated 26.01.2017 under sections 18(b) and 22(b) of the Emigration Ordinance, 1979 of Police Station FIA, AHTC, Peshawar, wherein, he is charged for taking money from the complainant in order to send him abroad.
2. 2.Arguments heard and record gone through.
3. A cursory look at the case record would show that in the FIR no specific date has been mentioned on which the complainant had given money to the petitioner for sending him abroad, which aspect of the case cannot be overlooked while deciding this bail petition. Furthermore, both the offences for which the petitioner stands charged are punishable with imprisonment for 14 years or with fine or with both. It is well settled that when a Statute provides two punishments simultaneously for commission of an offence, then for the purpose of bail the lesser punishment is considered by the court and there is reason for that as in case the prosecution succeeds in proving its case against the accused, then whether the court will inflict him the maximum or the minimum sentence, which aspect of the case has brought the petitioner's case within the ambit of further inquiry as there is no certainty that he will be awarded the term of imprisonment. Moreso, investigation in the case is complete and the petitioner is no more required for further investigation. Apart from the above learned counsel for A the petitioner relied on case law reported as 2006 M LD 1062, 2012 YLR 1106/2511, 2014 PCr.LJ 297, 2016 YLR 355 and 2016 PCr.LJ 1238, wherein, the accused similarly charged were granted bail.
3. 4.Tentative assessm ent of the case record would reveal that involvement of the petitioner qua his guilt in the crime needs further inquiry in terms of subsection (2) of section 497, Cr.P.C., therefore, he is entitled to the concession of bail.
4. 5.For what has been discussed above, this petition is allowed and the petitioner is granted bail subject to his furnishing bail bonds in the sum of Rs.100,000/- with two sureties each in the like amount to the satisfaction of learned trial court, which shall ensure that the sureties are local, reliable and men of means.