2013 PLP 2292 (YLR)
SARDAR WALI — Petitioner Versus The STATE — Respondent
| Citation | 2013 PLP 2292 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Shah Jehan Khan Akhundzada, J |
| Parties | SARDAR WALI — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2013 PLP 2292 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 2292 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Shah Jehan Khan Akhundzada, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 2292 (YLR) (SARDAR WALI — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sahibzada Riazatul Haq for Petitioner.
- Jawad Ali for Respondent.
- Date of hearing: 12th April, 2013.
Headnotes / Summary
S. 497
Prevention and Control of Human Trafficking Ordinance (LIX of 2002), Ss. 3 & 4
Penal Code (XLV of 1860), Ss. 419, 420, 468 & 471
Emigration Ordinance (XVIII of 1979), Ss.18(a) & 22(b)
Foreigners Act (XXXI of 1946), S. 14
Human trafficking by organized criminal groups, cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, fraudulently inducing to emigrate, receiving money, etc. for providing foreign employment
Offences alleged carrying punishment of not more than seven years imprisonment
Effect
Accused allegedly flew to a foreign country on a forged passport with the assistance of a co-accused
Accused was deported back to Pakistan, whereafter he disclosed the name of the co-accused who had assisted him
Said co-accused had already been released on bail, therefore, justice demanded same treatment for the accused
Most of the offences alleged against accused carried punishment of not more than seven years imprisonment, and for such offences bail was a rule and refusal thereof an exception
Investigation of the case was complete and accused was no more required for further investigation
Accused was granted bail in circumstances.
Judgment & Decree
SHAH JEHAN KHAN AKHUND-ZADA, J.
Accused-petitioner Sardar Wali facing prosecution in case F.I.R. No.30 dated 7-3-2013 under sections 419, 420, 468 and 471, P.P.C. read with section 3/4 PCHTO, 18(a), 22(b) Emigration Ordinance, 1979 and 14 of the Foreigners Act registered at Police Station, FIA/AHTC Peshawar was refused bail by the learned Special Judge (Central), Peshawar vide his order dated 21-3-2013. Now has approached this Court for his release on bail.
2. The allegations against the accused-petitioner as per F.I.R., are that on 7-3-2013 he with the name of Muhammad Ashiq flew from Peshawar Airport through Saudi Air Line on Afghan Passport and reached Riyadh where he was arrested by the Emigration staff on the ground of forged Passport and was deported to Peshawar. On reaching Peshawar Airport he disclosed his real name as Sardar Wali and stated that the forged Passport was provided to him by an Afghan agent at Kabul and advised him to fly from Pakistan where a person with the name of Qari would help him.
3. I have heard the learned counsel for the accused-petitioner as well as the learned State counsel and have gone through the record of the case.
4. Record shows that as per contents of the F.I.R., punishment for most of sections of law with which the accused-petitioner is charged, is not more than seven years and as such, the august Supreme Court of Pakistan in a number of dicta laid down has held that grant of bail in such like cases punishable with seven years imprisonment or less than is a rule and refusal is an exception. The only allegation against the accused-petitioner in this case is that he flew from Peshawar Airport on 7-3-2013 with the name of Muhammad Ashiq through Saudi Air Line on Afghan Passport and on reaching Saudi Arabia he was arrested and then deported to Pakistan and he disclosed the name of the person who helped and facilitated him in Pakistan as Qari (Noor Muhammad) who was also arrested in the case and has bean released on bail by the learned Special Judge (Central) Peshawar vide order dated 21-3-2013, therefore, justice demands the same treatment with the accused-petitioner as well. Moreover, the accused-petitioner is in the judicial lock-up since his arrest on 7-3-2013 and the investigation in the case is almost complete and he is no more required for further investigation. Hence in view of the discussion case of the accused-petitioner is arguable for the purpose of bail and he is entitled to the concession of bail.
5. Consequently, this bail application is accepted and the accused-petitioner is directed to be released on bail provided he furnishes bail bond in the sum of Rs.1,00,000 (Rupees One lac) with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate who shall see that the sureties must be local, reliable and men of means. The above are the reasons of my short order announced on 12-4-2014. MWA/339/P Bail granted.