' The petitioners are accused in case F.I.R. No, 43 registered at police station F.IA. On 20-3-1988 under section 17/22 of the Emigration Ordinance, 1979, read with section 6 of the Passports Act, 1974.
2. The allegations against the petitioner are that in the year 1984 they fraudulently obtained from Qasim Shah complainant and nine others a total sum of Rs,1,59,000 in order to send them abroad for employment and in that connection the petitioners even took them to Karachi and after keeping them there for a few days, scared them away and in this way they (petitioners) misappropriated this amount.
3. The matter was reported to the F.IA. Which, after carrying out preliminary inquiry, registered the case in the manner aforesaid. Iqbal Shah petitioner was arrested on 7-8-1988 and Nawab Shah petitioner on 8-8-1988. Nothing of the kind of passports or any other incriminating document was recovered from them during their physical remand.
4. It is argued on behalf of the petitioners that both the parties are closely related to each other and civil litigation is going on between them and the complainer I party, diverting the course of events, have got the petitioners falsely implicated in this case. According to the learned counsel, no proof is available with the complainant party that they really passed on the money to the petitioners on the promise of their employment abroad. Finally, it is urged that the case has been registered after the lapse of 4 years and Nawab Shah petitioner is a retired Telephone Supervisor aged about 70 years while Iqbal Shah petitioner is his son.
5. The application has been opposed on behalf of the State on the ground that the petitioners indulged in the illegal trade of sending people abroad for employment and on the promise of sending the complainant and 9 other persons abroad they extorted a huge amount from them and Iqbal Shah petitioner even executed an agreement in favour of Iqbal Hussain P.W. As also a promote in favour of Qasim Shah complainant but subsequently they resiled from their commitments.
6. During the pendency of this bail application it was pointed out that a similar case had been registered at Police Station Shah Jamal. The Sub-Inspector, who was directed to collect the particulars of this case and let this Court know about its details, states that it was registered at the instance of Iqbal Shah petitioner against one Ghulam Akbar Shah and Muhammad Hussain Shah who paid him Rs,26,000 in cash and promised to pay the remaining Rs,58,000 and that case was closed. He submits that in the instant case he has recorded the statements of 9 persons besides the complainant and all of them have stated that Iqbal Shah petitioner obtained huge amounts from them at different occasions on the promise of sending them abroad for employment but did not abide by his commitments and after taking them to Karachi left them in lurch and misappropriated their money.
7. It is an admitted position that Qasim Shah complainant has filed a suit against Iqbal Shah petitioner for the recovery of Rs,11,000 on the basis of a promote and that suit is pending in a civil Court. To this extent it seems to be a dispute of civil nature but the latter through the former has allegedly obtained sufficient amount from other persons as well who all have joined hand with the complainant and are being cited as prosecution witnesses. From various transactions, including certain events giving rise to the case; F.I.R. No, 44 of 1985 registered at Police Station Shah Jamal, which eventually ended in a compromise, it appears that Iqbal Shah had been dealing in sending people abroad and getting money from them and there is prima facie case against him under section 17/22 of the Emigration Ordinance, 1979. His bail application is, therefore, rejected.
8. As regards Nawab Shah petitioner, he does not seem to be clearly in picture so far this case is concerned and being a retired Government servant 70 years old, he is granted bail if he furnishes bail bonds in the sum of Rs,20,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, D.G. Khan.