The petitioner had been allowed post-arrest bail by the learned Judicial Magistrate, Section 30, Model town, Lahore vide order dated 17.9.2007, in case FIR No, 726/07 registered at Police Station Sattokatla District Lahore on 12.9.2007, for offences under Sections 371-A, 372-B, PPC.
2. It appears that during the course of investigation the Investigating Officer also invoked Section 14 of the Foreigners Act, 1951 and when the petitioner submitted her bail bonds the same were not accepted by the learned trial Court for the reason that after Section 14 of the Foreigners Act, 1951 had been invoked, Robkar for release of the accused only under Section 371-A, 372-B, PPC could not be isstied. Another ground which prevailed with the learned Judicial Magistrate for not accepting the bail bonds was that bail had been granted under Sections 371-A and 372--B, PPC subject to petitioner's legal entry and stay in Pakistan and that according to visa entry on the passport she had already overstayed in the country.
3. I had asked Mr. Muhammad Iqbal Chaudhry, the learned Deputy Prosecutor-General who was around in some other case to be of assistance. After examining the file he was of the view that no acceptance of bail bonds in offences under Sections 371-A, 372-B, PPC was not warranted.
4. I have heard the learned counsel for the parties and have perused the documents appended with this petition.
5. If Section 14 of the Foreigners Act, 1951 has been added in the array of offences, the petitioner can make an application to the Special Judge (Central), Lahore for her bail. However, bail bonds could not have been refused merely for the reason that the aforesaid section had been invoked, as offences in which bail had been allowed remain triable by the learned Magistrate. Likewise if the petitioner has already overstayed in Pakistan against the visa stipulations, the law will take care of that circumstance itself.
6. In this backdrop the learned Judicial Magistrate is directed to entertain the bail/surety bonds of the petitioner under Sections 371-A, 372-B PPC and to deal with the same strictly in accordance with law.
7. Disposed of in the terms, noted hereinabove.