1. ' MUHAMMAD IQBAL MAHAR, J.--- This bail application is directed against the order dated 7-7-2009 passed by IIIrd Additional Sessions Judge, Malir in Crime No,195/2009 of police Station FIA, AHT Circle for the offence punishable under section 6(1)(a)(c) Passport Act.
2. ' Facts in nutshell as per F.I.R are that an Enquiry No,334 of 2009 dated 8-6-2009, has been registered at this circle on receipt of written report bearing VRF No,124/2009, dated 6-6-2009 of Inspector Ahmed Jan, Incharge, Shift "B", FIA, RAP (arrival) Karachi. The above accused arrived/deported from Jeddah (Saudi Arabia) on the strength of emergency passport, which suspected to be fake/forged. During the interrogation, they disclosed that they overstayed in Saudi Arabia for last 3/4 years as they have gone to Saudi Arabia on their own passport for Umra/Employment purpose, but they lost their passports. They disclosed that they paid Saudi Riyal 4000 each to one Saudi National to obtain the said emergency passports for coming back to Pakistan, hence they have detained and are being sent for further legal action.
3. ' The main contention of the learned counsel for the applicant/accuseu is that the alleged offence is punishable with 3 years, which does not fall within the ambit of prohibitory clause of section 497 Cr.P.C. He further submits that the case has finally been challaned therefore, the applicant/accused is no more required for the purpose of further investigation.
4. ' On the other hand, learned Standing Counsel opposed the grant of bail.
5. ' I have given fretful consideration to the arguments advanced by the learned counsel for the parties and have gone through the material placed on record.
6. Admittedly, the punishment provided for the offence is 3 years which does not fall within the ambit of prohibitory clause of section 497, Cr.P.C., so also the applicant/accused has been challenged and is no more required for the purpose of further investigation to police. Furthermore the rule in such-like cases is bail and not the jail.
7. ' Following the rule laid down by the Honourable Apex Court reported in PLD 1995 SC 34, I allow the application and admit the applicant/accused to bail subject to his furnishing solvent surety in the sum of Rs,50,000 (Rupees fifty thousand only) with P.R. Bond in the like amount to the satisfaction of the trial Court.