2020 PLP 489 (SCMR)
Sardar MUHAMMAD ASIF NAQKSHBANDI — Petitioner Versus The STATE through P.G. Sindh — Respondent
| Citation | 2020 PLP 489 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Faisal Arab, Sajjad Ali Shah and Munib Akhtar, JJ |
| Parties | Sardar MUHAMMAD ASIF NAQKSHBANDI — Petitioner Versus The STATE through P.G. Sindh — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 489 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 489 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Faisal Arab, Sajjad Ali Shah and Munib Akhtar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 489 (SCMR) (Sardar MUHAMMAD ASIF NAQKSHBANDI — Petitioner Versus The STATE through P.G. Sindh — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ghulam Shabbir Baloch, Advocate Supreme Court for Petitioner along with Petitioner in person.
- Zafar Ahmed Khan, Additional P.-G. Sindh for Respondent.
- Mehmood A. Qureshi, Advocate Supreme Court for Intervener (in Cr. M.A. 134-K of 2019).
Headnotes / Summary
(Against the judgment dated 27.06.2019 passed by the High Court of Sindh, Karachi in Cr. Bail Application No. 326 of 2019)
S. 497(2)
Penal Code (XLV of 1860), Ss. 419, 465, 468, 471 & 34
National Database and Registration Authority Ordinance (VIII of 2000), Ss. 30(2)(a), 30(2)(e) & 30(2)(f)
Obtaining Computerized National Identity Card (CNIC) with false particulars
Pre-arrest bail, confirmation of
Case of the accused was of further inquiry as his claim was that he had only obtained one CNIC and that too in accordance with law
Accused remained a General Councillor and no useful purpose would be served by sending him behind the bars before the conclusion of trial
Furthermore nothing was to be recovered from the accused
Pre-arrest bail already granted to the accused was confirmed. Irfan Ahmed Memon, DAG and Ch. Muhammad Farooq, Assistant Director Legal, NADRA on Court's Notice. Mehmood A. Qureshi, Advocate Supreme Court for Intervener (in Cr. M.A. 134-K of 2019).
Judgment & Decree
FAISAL ARAB, J.
The petitioner seeks pre-arrest bail in case registered vide Crime No. 151/2017 under sections 419, 465, 468, 471 and 34, P.P.C. read with section 30(2) a, e and f of NADRA Ordinance, 2000 at Police Station Bahadurabad. Brief allegation against the petitioner is that he is an Afghan national and has obtained Nadra CNIC with false particulars.
2. We find that the case of the petitioner is of further inquiry as his claim is that he has only obtained one CNIC and that too in accordance with law. He remained a General Councillor and no useful purpose would be served by sending him behind the bars before the conclusion of Trial. Nothing is to be recovered from the petitioner. In this view of the matter, we convert this petition into appeal, allow it and set aside the impugned judgment. The pre-arrest bail already granted to the petitioner vide this Court's order dated 24.07.2019 is hereby confirmed. The petitioner is directed to regularly appear before the Trial Court and join the investigation, failing which the bail granted would be withdrawn. MWA/M-6/SC Bail confirmed.