' This order will be read in continuation of my order dated 14th of June, 1976, in which a question was posed that a person can only be guilty either of section 420 or of 406, P. P. C. Therefore, the charge under these two sections arising out of the one and the same transaction would not be proper.
2. The brief history of the case is that Sufi Jan Muhammad who is a habitual offender has been convicted nine times in the past and is also facing two cases under section 420, P. P. C. In Karachi.
Somehow or other he contacted the complainant in this case and received a sum of Rs. 2,7C0 from him with the stipulation that in case the petitioner was not in a position to secure his departure abroad, he would return the same. According to the case of the prosecution after receiving the money the petitioner made himself scarce and the complainant kept on searching for him and at last was successful to locate him and apprehend him. The matter was reported to the police.
During the course of investigation it was found that the petitioner had received Rs. 36,000 from different persons and thus had made a fortune out of the miseries of others. The learned Additional Sessions Judge while dealing with his bail application rejected the same vide his detailed order dated 1st of June, 1976.
3. I have attended to the question posed by the learned counsel, for the petitioner on the last date of hearing and find that in view of the allegation against the petitioner in the F. I. R. An ex facie case under section 406, P. P. C. Is made out and thus the petitioner has committed two different offences at two different times, one of cheating and the other of criminal misappropriation therefore, it cannot be said that both the offences are arising out of the same incident.
4. In view of the chequered record of the petitioner and the offen A with which he is connected, I do no find any merit in his bail application hich stands dismissed.