1. Petitioner Waos Shafique, seeks bail in case FIR No. 253 dated 23.12.2016, registered under Section 17, 18 (a), 18 (b) and 22 (b) of Emigration Ordinance, 1979, Police Station FIA/AHTC,-Peshawar.
2. 2.As per contents, of FIR, allegations against the petitioner are that he while introducing himself as overseas employment promoter, received Rs.3,63,000 from complainant Yasir, Naveed ullah and Asif Iqbal i.e. Rs. 121000/- from each, but he neither provided any visa to them nor returned their amounts and in this way cheated them by depriving them from their hard earned money.
3. 3.Without dilating upon merits of the case, lest it may prejudice the case of either party, suffice it to state that whether mere allegations against the petitioner in respect of providing Dubai visa to the complainant without any recovery of passports, stamps and other instruments used in forgery, would be sufficient to constitute an offence under the Emigration Ordinance, 1979, is a debatable question to be answered by the prosecution during trial. undisputed, the Sections of law leveled in the FIR provide two types of punishments viz imprisonment for fourteen years, or fine or both. In such like cases, it has been the consistent practice of the Court to grant bail because the accused may be inflicted the lesser punishment by the Trial Court. In the present case the lesser punishment is fine only. Except balled allegations, nothing incriminating has been recovered from possession of the accused to show prima facie his connectivity with the commission of alleged offence. The above facts create doubts and making their case one of further inquiry, entitling him for the concession of bail. Reliance may be placed on Zafar Iqbars case (2009 SCM R 1488), wherein the august Supreme Court of Pakistan was pleased to grant bail to the accused in similar circumstances on the ground that the offence does not fall within the prohibitory clause of Section 497, Cr.P.C.
4. 4.For the reasons given herein above, the instant bail petition is accepted and the accused- petitioner are allowed bail provided each of them furnish bail bonds in the sum of Rs. 200,000 (Two Lacs) with two sureties each in the like amount to the satisfaction, of learned Ilaqa Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means.