ORDER       SHEET

IN THE HIGH COURT OF SINDH AT KARACHI.

Criminal Bail No. 832 of 2005

Date                            Order with signature of Judge.

FOR HEARING.

Mr. Ghulam Nabi Shaikh, Advocate for the applicant.

            Mr. Ziauddin Nasir, Standing Counsel for the respondent.

            By this order I intend to dispose of Criminal Bail application filed on behalf of applicant Liaquat Ali Khan s/o Usmani Gul, in a case bearing Crime No. 127/05, registered at P.S. FIA Passport Cell Karachi for an offence under Section 3(1), 4 Ord. LIX 2002. The bail plea of the applicant was declined by the learned Ist Additional Sessions Judge, Malir.

The prosecution story as unfolded in the FIR is that on the eventful day i.e. 23.05.2005 at 1860 hours  Complainant Inspector Ghulam Akbar Zardari I/C Sift ‘A’ FIA Immigration Arr. JIAP Karachi, lodged FIR bearing No. 127/05, the details whereof are given as under:-

“Consequent upon Enquiry No. 200/2005, of this Cell initiated as written report  VRF No. 100/2005 of the Complainant it transpired that Muhammad Naseem Hashmi s/o Haji Jabir Gul Munir Ahmed, s/o Mushtaq Ahmed and Sajjad  Khan s/o Faqir Muhammad were desirous to proceed abroad (European Ccountry). In this connection they came into contact  with agent Liaqut Ali S/o Usmani Gul  r/o Village CHAL Ghazi P.O Karampur Raizo, Takhtabai Mardan who demanded and received Rs. 2,27,000/= Rs. 1191000/= & Rs. 214000/= alongwith their Passport Nos. AA-6843111, KD. 969116, & KE 330002 respectively few Sending them to abroad Later on above said Agent arranged and provided them Visa for Ukrain, showing them as Businessman, On 14.05.2005, above said Agent had taken them to Ukrain from Karachi Airport while they reached at Ukrainthe Immigration authorities referred their entry and deported them back to Karacih Subsequently this Ukrain immigration authorities also deported back the agent Liaqut Ali Khan holder of Passport No. KC-413477 alongwith an other victim namely Khalid Khan s/o Masham Khan holder of Passport No. KA-195013, from when the agent Liaquat Ali had also demanded and received Rs. 200,000/= for sending him to abroad and had also arranged and provided Ukrain Visa also showing him as Businessman, by illegal means and also had taken him Ukrain alongwith above named three victim on 23.05.2005, Agent Liaqut Ali and victim Khalid Khan above mentioned arrived at Karachi Airport and were referred to this cell by this complainant vide his report bearing VRF 100/2005, (converted into enquiry No. 200/05 with remarks that pax was detected by SI Muhammad Aslam due to arrest under VRF No. 199/05, where the paxes namely Liaquat Ali Khan s/o Usmani Gul was pointed out as fake agent by the paxes namely M. Naseem Hashmi s/o Haji Jabir Gul, Munir Ahemd s/o Mushtaq Ahmed and Sajid Khan s/o Faqir Muhammad who had already been referred as victim to FIA PPC circle Karachi. From the above it has been received that accused Liaquat Ali Khan is human traffickers, who in order to get monitory benefit demanded and received huge amounts stated above from the victim mentioned above a/w their Passport for sending them to Poland and arranged provided them visas for Ukrain Showing as Businessman and later on taken them to Ukrain for sending them onward to Poland by illegal means that the Ukrain Immigration authorities detected the forgery in the documents of Victim and deported them  back, whereby the Agent Liaquat Ali Khan has also been deported back.”         

            The investigation followed and in due course the applicant was sent up to stand trial in the Court of competent jurisdiction.

            I have heard the learned counsel for the respective parties and perused the record. It has been contended by the learned counsel for the applicant that applicant is implicated falsely by the Complainant in order to show efficiency and got promotion. It has also been contended that prosecution has not collected any evidence from the locality that the applicant is indulged in the alleged offence for taking huge amount from innocent person and send them abroad. Learned counsel further argues that challan has been submitted and applicant is no more required for the purpose of investigation.  Lastly he contended that the alleged offence do not fall within the prohibitory clause of Section 497 Cr.P.C. As against the arguments of the learned counsel for the applicant,  learned counsel for the State oppose the grant of bail on the ground that there is documentary evidence against the applicant which implicate the accused with the alleged offence.

            For what has been discussed above, I am of the considered opinion that the learned counsel for the applicant has been able to make out a case for bail which is granted provided if he furnishes surety in the sum of Rs.20,000/- (Two Hundred Thousand) and P.R. bond in the like amount to the satisfaction of the learned trial Court. Cr. Bail No. 832 of 2005 stands disposed of as such.

             The above are the reasons for the short order dated 3.10.2005, by which I granted bail to the Applicant.

JUDGE