' TARIQ SHAMIM, J.---Through this petition, the petitioner seeks bail after arrest in case F.I.R. No,413, dated 19-7-2006 for offences under section 17 of the Emigration Ordinance, 1979 and section 6 of Passport Act, 1974 registered at Police Station FIA, Passport Circle, Lahore.
2. The brief facts of the case are that the petitioner is alleged to have obtained a passport in the name of Muhammad Amin in 1983 and went to. Germany on the said passport which he used till 1999 where after the petitioner is alleged to have obtained a German passport in the same name.
However, when he came to Pakistan on 17-7-2006 he was interrogated on suspicion by the FIA authorities whereupon it transpired that his actual name was Muhammad Idrees. Consequently, the aforementioned F.I.R. Was registered against him.
3. Learned counsel for the petitioner contended that no offence had been committed by the petitioner as he had been adopted by his uncle Abdul Aziz who named him Muhammad Amin after his adoption in 1983. Refers to Annex "C" the affidavit of said Abdul Aziz; that under the law the offence punishable with a lesser sentence would be applicable to the case of an accused, hence, offence under section 6 of the Passport Act was applicable to the case of the petitioner which was punishable with maximum sentence of 3 years, and therefore did not fall within the prohibitory clause of section 497, Cr.P.C.; that during the investigation the German as well as the Pakistani Passports of the petitioner were found to be genuine, as such, no offence as alleged in the F.I.R. Was made out against the petitioner, who was entitled to be released on bail.
4. The learned standing counsel appearing on behalf of the Federation of Pakistan contended that both the offences were independent. However, he accepted that in view of the affidavit referred to by the learned counsel for the petitioner the case of the petitioner had become one of further enquiry.
5. I have heard the learned counsel for the parties and perused the record.
6. The petitioner is alleged to have travelled on passport issued in the name of Muhammad Amin whereas his actual name as alleged in the F.I.R. Is Muhammad Idrees. The affidavit referred to by the learned counsel for the petitioner reveals that the petitioner had been adopted by his uncle in 1983 who changed his name from Muhammad Idrees to Muhammad Amin. The petitioner at that time was a minor of about 15 years of age. Thus prima facie, the allegations levelled in the F.I.R. Are A belied by the affidavit. The learned standing counsel has also admitted that in view of the affidavit referred to above the case of the petitioner has become one of further enquiry. In the F.I.R.
Section 17 of the Emigration Ordinance as well as section 6 of thePassport Act has been incorporated and I agree with the learned counsel for the petitioner that in such a situation the offence punishable with a lesser sentence ought to be taken into consideration. The offences alleged to have been committed by the petitioner are not covered by the prohibitory clause of section 497, Cr.P.C. And therefore, in such like cases the grant of bail isa rule and refusal is an exception as held by the Hon'ble Supreme Court in case of Tariq Bashir v. The State (PLD 1995 SC 34). Prima facie no offence appears to have been committed by the petitioner, hence, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs,30,000 with one surety in the like amount to the satisfaction of the learned trial Court.