' SHAH JEHAN KHAN AKHUNDZADA, J.---Accused-petitioner Khalid Musharaf Hussain Zubairi involved in case F.I.R. No.12 dated 17-2-2012 under sections 419/420/468/471/109, P.P.C. Read with section 30 NADRA Ordinance, 14 of the Foreigners Act and section 5(2) Prevention of Corruption Act, 1947 registered at Police Station, FIA Crimes Circle, Peshawar was refused bail by the learned Special Judge (Central), Peshawar vide his order dated 31-7-2013. Hence he has come to this Court for the above said concession.
2, Brief facts of the case are that Habibullah Khan S.H.O. Police Station, Timergara Dir Lower has lodged the report in the instant case in the following manner:-- "On 12-1-2012 there was information to the local police Timergara Dir Lower Dir that some suspicious persons were staying in Al-Mehran Hotel. Timergara. Acting on the information, they checked the hotel, during which 07 suspicious persons were found present in Rooms Nos.103 and
105. On enquiry they disclosed their names as (1) Safi-ur-Rehman son of Abdul Wahid, (2)
Muhammad Iqbal son of Zafar lqbal, (3),. Rahat Khan son of Tawas Khan, (4) Bakht Jan son of Muhammad Zarin, (5) Javed Rahim son of Muhammad Hussain, (6) Muhammad Hashim son of Abdul Naseer Khan all resident of Afghanistan- (7) Naseer Khan son of Said Rehman resident of Chaghartti District Peshawar, the accused at Serial Nos.] to 6 were Afghan citizens but from their personal search coloured photocopies of Pakistani CNICs were recovered. They also admitted that they were Afghan nationals and had come to Timergara with accused agent Naseer Khan for preparation of Pakistani Passports as they had already obtained Pakistani CNICs with the help of the agent Naseer Khan son of Said Rahman, (2) Mohabat Khan son of Abdullah Khan resident of Shagai Hindkyan Peshawar and Fazal Ahad son of Sher Muhammad resident of Baghecha Dheri Mardan. The accused were arrested and a case. Vide F.I.R. No.63 dated 19-1-2012 was registered by S.H.O. Police Station Timergara Dir Lower. The case- was initially investigated there but later on transferred to RA Crime Circle Peshawar vide Letter No.3069/DSP-L dated Timergara on 13-2-2012 as the matter falls under the territorial jurisdiction of FIA Crime Peshawar. The matter was enquired which revealed that the accused Afghan nationals in active connivance with officials of NADRA and agents named above had obtained Pakistani CNICs and thereafter attempting to get Pakistani Passports, thus committed offences punishable under sections 419/420/468/471. P.P.C., NADRA Ordinance, 14 Foreign Act and 5(2) PC Act. Case is therefore, registered against the accused after permission of the competent authority. Inspector Amjid Ali will investigate the case".
3. During the investigation, it was found that the accused - petitioner who was Technical Officer and Incharge of Passports Section at Regional Passport Office Karachi had issued passports to six Afghan citizens who were neither government servants nor senior citizens nor they were present at the time of issuance of their passports, therefore, he was arrayed as an accused and arrested.
4. I have heard learned counsel for the accused-petitioner as well as learned Deputy Attorney General for the State and have also gone through the record of the case.
5. Without touching the merits of the A case which may not prejudice the prosecution version or the plea of defence, suffice it to say that punishment for most of the offences with which the accused- petitioner is charged is not more than seven years and as such not covered by the prohibitory clause of section 497 Cr.P.C. The name of the accused-petitioner does not figure in the F.I.R. But he was subsequently arrayed as an accused in the statements of his co-accused in their statements recorded under section 161 Cr.P.C. Which has no evidentiary value. Furthermore, most of the co- accused of the accused-petitioner who have made confessional statements even then have been released on bail by the learned Special Judge (Central) Peshawar, therefore, justice demands the same treatment with the accused-petitioner as well. At present the prosecution has not placed on record any reasonable/sufficient materials on the basis whereof one could believe that there appears reasonable grounds for believing that accused-petitioner is connected with the offence charged with but there are grounds to further probe into his guilt. Thus the case of the accused - petitioner falls within the purview of further inquiry as envisaged in subsection (2) of section 497, Cr.P.C. Which entitles him to the concession of bail. Under these circumstances, I hold that it is a fit case for grant of bail to the accused-petitioner.
6. Consequently, this bail application is accepted and the accused-petitioner is directed to be released on bail provided he furnishes bail bond in the sum of Rs.2,00,000 (Rupees Two lac) with two sureties each in the like amount to the satisfaction of the learned trial Court, who shall ensure that the sureties must be local, reliable and men of means.
' The above are the reasons of my short order announced on 20-8-2013.