| Case ID |
2602fe66-04b3-4ef2-a71e-500786283f6f |
| Body |
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| Case Number |
Criminal Miscellaneous Bail Application 241-P of 2 |
| Decision Date |
Mar 16, 2012 |
| Hearing Date |
|
| Decision |
The High Court granted bail to the petitioner, AZIZURREHMAN, who was accused of fraudulently inducing individuals to emigrate by receiving money under the pretext of providing work permits and visas for employment abroad. The Court found that the prosecution had not established a strong case against the petitioner as the evidence available seemed to suggest a civil liability rather than a criminal one. The Court noted that the case required further inquiry and that the offences under the Emigration Ordinance did not fall within the prohibitory limb of section 497 of the Criminal Procedure Code. Hence, the bail was granted, allowing the petitioner to contest the charges while remaining free. |
| Summary |
In the case of Criminal Miscellaneous Bail Application 241-P of 2012, the Peshawar High Court dealt with the bail application of AZIZURREHMAN, accused of fraud related to emigration. The petitioner was alleged to have deceived complainants into giving him substantial sums of money for visas and work permits for Oman and Canada. The Court examined the evidence presented, which included agreement deeds and bank cheques, but found that it did not conclusively prove the commission of a crime. Instead, the evidence pointed towards a potential civil dispute. The Court emphasized the need for further inquiry into the facts before making a determination on the merits of the case. The decision highlights the balance courts must strike between the rights of the accused and the interests of justice in cases involving emigration fraud. Keywords such as 'emigration fraud', 'bail application', 'Peshawar High Court', and 'Criminal Procedure Code' are essential for understanding the legal context and implications of this case. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
WAQAR AHMAD SETH, J
|
| Lawyers |
Arshad Hussain for Petitioner,
Iqbal Muhammad, D.A.G. for the State
|
| Petitioners |
AZIZURREHMAN
|
| Respondents |
THE STATE
|
| Citations |
2012 SLD 2311,
2012 PCRLJ 1934
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Emigration Ordinance (XVIII of 1979)
|
| Sections |
497(2),
18-B,
22-B
|