1. ' MUHAMMAD AFZAL SOOMRO, J.--By this order I propose to disposed of bail application filed on behalf of applicant. Rana Khalid Mehmood, arising out of F.I.R. No, 184 of 2003 registered with Police Station F.I.A., Immigration Passport Cell, Karachi, for an offence under sections 411/109, P.P.C. Read with sections 17(1) and 18(a) of Emigration Ordinance, 1979.
2. ' The bail plea of the applicant was declined by the learned 1st Additional Sessions Judge, Malir at Karachi vide order dated 8-11-2003.
3. ' The prosecution story as enunciated in the F.I.R. Is that consequent upon registration of Enquiry No, 189 of 2003 of Passport Cell based upon 69/03 written complaint of the complainant that while applicant. Rana Khalid Mehmood, having Passport No,H-799432 dated 9-2-2003, Karachi, was proceeding to London by . Swiss Air Flight No,LX-247 but at the Immigration Counter his passport was found stolen one. During interrogation, he disclosed that he got such forged NIC bearing No,477-85-156471 and stolen/ forged Passport bearing No,H-799432 through an Agent namely Ghaffar. In these circumstances, F.I.R., as above, was registered against him.
4. ' The investigation followed and in due course the applicant was sent up to stand trial in the Court of law.
5. ' I have heard the learned counsel for the applicant as well as learned Standing Counsel.
6. ' It has been contended by the learned counsel for the applicant that case against the applicant is false and he has been booked in this case with mala fide intention. It has, further, been contended by the learned counsel for the applicant that the prosecution agency has illegally applied the provisions of Pakistan Penal Code inasmuch as the learned 1st Additional Sessions Judge, Malir at Karachi, in dismissing the bail application did not take into consideration the facts as to under which statute the accused could be tried and what was the maximum sentence which an accused person is charged for under the provisions of two different statutes or laws and in that eventuality the settled principle is that the case shall proceed against him under the law which provides lesser^ punishment for the offences alleged to have been committed by him.
7. ' Learned D.A.-G. Has opposed the grant of bail.
8. ' I have given my anxious consideration to the arguments of the respective parties and have also perused the record. It is a well-settled principle that when an accused is charged under two different statutes of laws, then he can only be tried for offences under the law, which provides lesser sentence provided that the offences are alike or similar in nature. In this regard reference can be made to the case of Muhammad Younus and another v. The State (2001 PCr.LJ 157) wherein while allowing bail to the applicants, it has been held by the Honourable Chief Justice (Mr. Justice Syed Saeed Ashhad) of this Court that:- ' "There is no dispute with the established rule that if an accused is charged under two different statutes or laws for offence which are alike to similar in nature, then he would be proceeded against for the offence under the law which provides lesser sentence. On the basis of this principle, the accused would be tried, as submitted by Mr. M. Ilyas Khan, under the provisions of the Passport Act which provide maximum sentence of three (3) years' R.I. With regard to the offences under the P.P.C., it is to be observed that the facts and circumstances of the case are such that a further inquiry would be required to prima facie connect the accused persons with the offences punishable under sections 411, 419 and 420, P.P.C. So as to bring their case within the embargo contained in section 497 Cr.P.C. The question as to whether the forgery/ cheating/ interpolations, etc., allegedly made by the accused persons in the passports relating to the two ladies would be covered solely by the provisions of the Passports Act to the exclusion of the provisions of the P.P.C., would also require to be considered at the stage of trial which again would necessitate a further enquiry."
9. In view of what has been held by the Honourable Chief Justice (Mr. Justice Syed Saeed Ashhad) of this Court, I am of the considered opinion that this is also a case where the prosecution has failed to establish the accused for having been found prima facie guilty of an offence punishable with death, imprisonment for life or ten years and there are no reasonable grounds to believe him to be guilty of such an offence. Accordingly, the applicant, Rana Khalid Mehmood, is entitled to the grant of bail.
10. ' By my short order dated 9-12-2003, I granted bail to the applicant in the sum of Rs, 1,00,000 (Rupees one lac) and P.R. Bond in the like amount to the satisfaction of the trial Court and these are the reasons for the same.