1995 P Cr (PLP)

Farid Ahmad Dayo for Applicant. Mrs. Salima Nasiruddin for the State. Applicant Muhammad Yousaf son of Sirajul Haque is detained in Crime No.353/94 under section 3(2)(a) of Foreigners Order, 1951 and section 14 of the Foreigners Act, 1946. He was arrested on 23-9-1994 when F.I.R. on behalf of the State was lodged by A.S.I. Mehdi Hasan of Special Branch, Karachi. A bail application was moved on behalf of the applicant before the trial Court of City and A.D.M.(S) Karachi, which was dismissed on 19-10-1994. The bail application was then moved before the learned District and Sessions Judge Karachi (S), who also rejected the same on 2-11-1994 and in the circumstances the applicant has approached this Court for bail. On 23-9-1994 A.S.I. Mehdi Hasan posted at Special Branch, Karachi, registered F.I.R. No. 353/94 at Police Station Kharadar, Karachi, under section 3(2)(a) of the Foreigners Order, 1951 read with section 14 of the Foreigners Act, 1946. It is stated that on the said date when he was busy in 111aqa patrolling in connection with illegal arrival and stay of Bangladeshi nationals, he rounded up 22 persons; named in the F.I.R., including the applicant herein and on being required to disclose their identity to be Pakistanis, the said persons could not satisfy. During further interrogation, the accused arrested are said to have admitted that they were Bangladeshi nationals and had come to Pakistan via India without any passport or visa. The accused are stated to have admitted that they came to Pakistan in the year 1987. After necessary investigation the case has been sent up for trial under the above provisions of law. I have heard Mr. Farid Ahmad Dayo, learned counsel for the applicant and Mrs. Salima Nasiruddin, for the State. It-is contended by the learned counsel for the applicant that the applicant is not a Bangladeshi national nor he entered Pakistan illegally but he holds, a valid passport of Pakistan as also his National Identity Card. It is further argued that the offences with which the applicant is charged, are punishable to maximum sentence of five years and being not covered by the 'prohibition contained in section 497 of Cr.P.C. the bail in such cases is normally not refused unless the circumstances of the case so warrant. Learned counsel referred in support of his contention to the case of Luqman Hussain and 22 others v. The State PLD 1988 Kar. 64 where. a learned Judge of this Court released the accused-on bail charged for similar offences and observed that the offence was punishable with imprisonment for a term which may extend to five years and also fine and the accused were thus entitled to bail. Learned counsel also referred to the case of Abdul Hayee Siddique and 2 others v. The State 1993 PCr.LJ 446 where a learned Judge of this Court observed that grant of bail in a case where the offence does not fall within the prohibitory clause, is a rule while its refusal should be an exception. Having made such. observations, bail was granted to the accused charged with offences under sections 360, 361, 363, 120, 34, P.P.C. Learned counsel appearing 'for the State has opposed the bail application and has argued that the accused are Bangladeshi nationals and have entered into the territory of Pakistan through India in violation of the provisions of section 3(2)(a) of the Foreigners Order, 1959 which is an offence under section 14 of the Foreigners Act. I have considered the above contentions and have perused the two l orders passed by the learned lower Courts. Admittedly the applicant is charged' with an offence which is punishable upto five years and fine and is not covered by the prohibition in section 497 of Cr.P.C. The applicant also holds a Pakistani Passport, which is issued on 28-6-1994 and National Identity Card, which is issued on 14-12-1988. In presence of this documentary evidence it shall have to be seen by the learned trial Court if such documents are genuine or otherwise. The case of the applicant in the circumstances is of further inquiry and I am inclined to grant him bail. The applicant shall be so released if he furnishes one surety in the sum of Rs.1,00,000 (Rupees one lac) with P.R. bond in the like amount to the satisfaction of the learned Sessions Judge, Karachi (South). N,H.Q./M-2060/K????? Bail granted.