1. Through this petition u/S. 497, Cr.P.C., petitioner Umer Arshad, seeks post arrest bail in case FIR No. 174 dated 30.05.2016 registered u/S. 22-B of Emigration Ordinance, 1979, at Police Station F.I.A./C.0 Multan.
2. As per crime report the allegation against the present petitioner is that he along with his co- accused extracted Rs.6,60,000/- from the complainant in order to send his son to Turkey but send him illegally.
2. 3.Heard. Record perused.
3. 4.Record reveals that the son of the petitioner went to Turkey on 11.04.2015 and remained there till 04.11.2015 when he was deported to Pakistan. I have also noticed that the petitioner has already been grilled during physical remand but no incriminating evidence was collected. There is no other evidence available on record against the petitioner except that he facilitated his co-accused. The involvement of the petitioner in the instant case would be determined by the trial Court after recording evidence. At present the case of the petitioner calls for further inquiry falling under sub- section (2) of Section 497, Cr.P.C. Even otherwise the entire evidence so far collected by the police is based upon documentary evidence, which is already in the possession of the prosecution and there is no likelihood of tempering with the same by the accused/petitioner. Reliance is placed on the case titled "Saeed Ahmad vs. The State" (1996 SCM R 1132). The petitioner is behind the bars since his arrest and is no more required for further investigation. Keeping the petitioner behind the bars for an indefinite period would not serve any useful purpose for the prosecution.
4. 5.For what has been discussed above, this petition is allowed and petitioner Umer Arshad, is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- with two