ASSADULLAH KHAN CHAMMKANI, J.- Petitioner Ziarat Gul, seeks bail in case FIR No.221 dated 12.06.2014, registered under sections 381 A/419/420/411 PPC read with Section 14 Islamic Law and 14 Foreign Act, at Police Station University Town.
2. A motorcar bearing No.IDC.4967, being driven by the accused/petitioner was intercepted by the local police. On their query, petitioner failed to produce its registration book, resultantly, petitioner was arrested, the vehicle being suspected to be a stolen one, was taken into possession under section 523/550 Cr.P.C. and inquiry under section 156 (3) Cr.P.C. was initiated, during which course, one Muhammad Imran appeared and recorded his statement claiming the vehicle to be his ownership and commission of theft of the same. To this effect he also referred to report vide D.D.
No.11 dated 12.06.2014 lodged by him about theft of the aforesaid vehicle.
3. Arguments heard and record perused.
4. It appears from the record that petitioner has been arrested by the local police red handed along with the motorcar in question with fake number plate, which prima facie connect him with commission of the offence. No doubt, punishments of sections 381-A, 419, 420 and 411 PPC, do not fall within the Prohibitory Clause of Section 497 Cr.P.C. and in such like cases, the rule is bail and refusal thereof an exception, but petitioner being an afghan national, there is every likelihood of his absconsion in case of his release on bail, which can be taken as an exceptional circumstance against him.
5. Besides, petitioner is also charged under section 14 of the Foreigners Act (hereinafter referred to as the Act). The status of the petitioner as afghan national has not been denied. Rather, the address of petitioner in his bail petition has been categorically mentioned as "resident of Afghanistan". Since his arrest, till date, the petitioner has not produced anything in black & white to justify his stay in Pakistan, which amounts to an offence under section 14 of the Act, which reads as under:- "14 Penalties:- (1) Where any person contravenes any provision of this Act or of any order made thereunder or any direction given in pursuance of this Act or order, he shall, except as otherwise provided herein, be punishment with imprisonment for a term which may extent to three years and shall also be liable to find, and if such person has entered into a bond in pursuance of clause (f) of sub-section (2) of section 3, his bond shall be liable to be forfeited and any person bound thereby shall be liable to pay the penalty thereof, or show cause to the satisfaction of the convicting court as to why such penalty should not be paid.
(2) Where any person knowingly enters into Pakistan illegally, he shall be guilty of an offence under this Act and shall be punishment with imprisonment for a terms which may extend to ten years and find which may extent to ten thousand rupees".
6. The newly added section 14-A of the Act, impose restriction on release of such foreign accused who cannot justify his stay in Pakistan. For ready reference Section 14-A is reproduced below:- 14-A. Restriction on release on bail:- Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to as the said Code, any person accused of any offence punishable under subsection (2) of section 14 shall not be released on bail, if there appear reasonable grounds for believing that he has been guilty of such an offence".
In the section ibid expression "if there appear reasonable grounds for believing that he has been guilty of such an offence" is of vital significance which clearly speaks about illegal stay of a foreigner in Pakistan. In the instant case, as stated earlier, the petitioner has nothing in black and white from the Government of Pakistan/authority such as visa, registration card or any other document to justify his stay in Pakistan, as provided under sub-sections (2) and (3) of Section 14-D of the Act. Section 14-C of the Act is so much clear which even does not permit release of a foreigner even on expiry of his sentence under the Act, which says that a foreigner having no permission to stay in Pakistan if convicted and sentenced to imprisonment under the Act, shall not be released even on the expiry of his sentence and shall remain in custody for a period not exceeding three months to enable arrangements for his deportation to be finalized. For convenience, section 14-C of the Act is reproduced below:- "14C. Custody pending deportation:- A foreigner, having no permission to say in Pakistan, who has been convicted and sentenced to imprisonment under this Act shall not be released on the expiry of the sentence and shall continue to remain in custody for a period not exceeding three months to enable arrangements for his deportation to be finalized".
7. In view of the restrictions imposed by the statutes referred to above, I see no circumstance which may warrant release of the petitioner on bail. Resultantly,p this petition being without any substance, stands dismissed.