Summary: Bail denied ---- (a) Emigration Ordinance, 1979 ----Ss. 17, 22—Offence of human smuggling—Capsizing of migrant vessel resulting in death—Applicability of higher sentence Accused charged with facilitating illegal emigration of a Pakistani citizen to Italy via Libya—Victim died along with 79 others when vessel capsized near Greece—Though S.17 of the Emigration Ordinance, 1979 provides a lesser punishment, court held that in exceptional cases, the higher sentence under S.22 (imprisonment up to 14 years) is applicable due to the grave nature of offence—Death of intending emigrant and international embarrassment caused to the State were considered aggravating factors—Held, case fell within prohibitory clause of S.497 Cr.P.C. Cited Cases: • Haji Shahid Hussain v. The State 2017 SCMR 616 • Jehanzeb alias Bhobi v. The State 2002 SCMR 1380 (b) Criminal Procedure Code (V of 1898) ----S. 497—Bail—Discretion of Court—Exceptional circumstances—Death of victim due to criminal act Bail petition in non-bailable offence involving death of illegal emigrant—Court noted that in cases where circumstances are harsh, unusual, or involve death resulting from criminal conduct, higher punishment is likely and benefit of lesser penalty does not apply—Held, bail cannot be granted where gravity of offence and societal impact outweigh considerations of statutory minimum punishment—Petition dismissed. (c) Criminal liability—Human smuggling—Death of emigrant in foreign territory—Evidentiary value of complainant’s statement Petitioner accused of receiving Rs. 2.4 million from complainant to send his son abroad—Victim’s death confirmed; body not recovered—Statement of father, corroborated by investigative record, found credible and sufficient to establish prima facie case—Held, no mala fide on part of complainant, who had no reason to falsely implicate petitioner—Criminal liability for human smuggling sustained at bail stage. (d) Public interest and deterrence—Human smuggling as a growing menace—Judicial response Court acknowledged the rising incidents of human smuggling resulting in exploitation and death of innocent citizens—Held, such offences demand stern judicial response to protect public interest and uphold national dignity on the international stage—Bail not warranted in face of societal damage and deterrence objectives. Disposition: Bail petition dismissed.