2020 PLP 1255 (SCMR)
Haji QASIM KHAN — Petitioner Versus The STATE through D.A.G. — Respondent
| Citation | 2020 PLP 1255 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Manzoor Ahmad Malik and Sardar Tariq Masood, JJ |
| Parties | Haji QASIM KHAN — Petitioner Versus The STATE through D.A.G. — Respondent |
| Primary Law | Foreigners Act (XXXI of 1946) |
Q1: What are the key laws and sections cited in 2020 PLP 1255 (SCMR)?
This judgment primarily cites: Foreigners Act (XXXI of 1946) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 1255 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Manzoor Ahmad Malik and Sardar Tariq Masood, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 1255 (SCMR) (Haji QASIM KHAN — Petitioner Versus The STATE through D.A.G. — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Hussain Yousafzai, Advocate Supreme Court for Petitioner.
Headnotes / Summary
(On appeal against the judgment dated 24.11.2017 passed by Lahore High Court, Lahore in Criminal Misc. B.A. No. 2504 of 2017)
S. 14
Penal Code (XLV of 1860), Ss. 419, 420, 468, 471 & 109
Foreign national fraudulently obtaining a Computerised National Identity Card (CNIC) of Pakistan
Law Officer for State present in court confirmed that for almost the same offence, the accused had already been acquitted by the Trial Court
In such circumstances, the question whether the accused could be prosecuted again for the same offence could not be answered in the present proceedings and it was the domain of the Trial Court to determine the said question, after recording of evidence produced by the parties
For the moment, the case of the accused called for further inquiry within the ambit of S. 497(2), Cr.P.C.
Petition for leave to appeal was converted into appeal and allowed and accused was admitted to bail. Syed Nayyab Hussain Gardezi, DAG along with Shahnsha, I.O. (FIA) for the State.
Judgment & Decree
MANZOOR AHMAD MALIK, J.
Through this petition, the petitioner has called in question the order dated 24.11.2017, whereby bail was refused to him by the learned Peshawar High Court, Peshawar in case FIR No.68 dated 25.10.2017, offence under sections 419, 420, 468, 471, 109, P.P.C. read with section 14 of the Foreigners Act, registered at Police Station FIA/ACC, Peshawar.
2. The prosecution case against the petitioner, as per FIR, is that the petitioner being Afghan national fraudulently obtained Pakistani CNICs.
3. We have heard learned counsel for the parties at length and have perused the available record with their assistance.
4. During the course of arguments, it has been confirmed by the learned Deputy Attorney General that for almost the same offence, the petitioner has already been acquitted by the learned trial Court. In these circumstances, the question whether the petitioner can be prosecuted again for the same offence cannot be answered in these proceedings and it is the domain of the learned trial Court to determine the aforesaid question, of course, after recording of evidence produced by the parties. For the moment, the case of the petitioner calls for further inquiry within the ambit of section 497(2), Code of Criminal Procedure.
5. For the foregoing, this petition is converted into an appeal and the same is allowed. Appellant Haji Qasim Khan is admitted to bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.500,000/- (five hundred thousand) with two sureties each in the like amount to the satisfaction of the learned trial Court. MWA/Q-1/SC Bail granted.