Through this petition, Jindwadda petitioner seeks post arrest bail in case FIR No, 308 dated 30.08.2017 registered for of fence under Section 22 of Emigration Ordinance, (XVIII of 1979), at Police Station FIA, District Multan.
2. The allegation against the petitioner is that he and his co-accused after receiving an amount of Rs, 6,20,000/- from the from complainant though sent him to Saudi Arabia yet did not manage 'Aqama' for him due to which he was deported therefrom.
3. Arguments heard. Record perused.
4. It has been observed that the crime report is silent to the effect that who out of the three accused persons received the alleged amount from the complainant. The petitioner is real father of co-accused Zahid who is a proclaimed offender so far. No documentary evidence qua any connection of the petitioner with the Travel Agency being run by co-accused Muhammad Kashif Nazir has so far been brought on record by the Investigation Agency or the complainant. During physical custody of the petitioner nothing could be recovered at his instance. The petitioner is having no previous criminal record. These circumstances make the case of petitioner one of further inquiry entitling him to the grant of post arrest bail under Section 497(2) of the Criminal Procedure Code, 1898. The petitioner is behind the bars since his arrest though is no more required for investigation purpose. In view of above mentioned circumstances, keeping him further incarcerated till indefinite period does not look justified. Hence, this petition is allowed and the petitioner is admitted to post arrest bail 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 learned trial Court.