KHADIM HUSSAIN TUNIO, J.---Applicant through instant Criminal Bail Application, under Section 497, Cr.P.C, seeks his release on bail in FIR No,154 of 2016, under Section 14 of Foreigners Act, 1946, registered at Police Station Shandadpur, District Sanghar.
2. Briefly facts of the instant application for bail are that complainant ASI Muhammad Uris Lashari of Police Station Shandadpur along with other police officials proceeded for patrolling to different places and when they reached at Hardspura Chowk, they received spy information that an Afghani Foreigner has stayed in a rented premises at Soomar Faqeer. On receiving such information, they proceeded to said place and apprehended the applicant Fazal Wahid and registered the present FIR.
3. Mrs. Razia Ali Zaman Khan Patoli, the learned Counsel for the applicant/ accused argued that the applicant is a Pakistani by nation; that brother of the applicant is possessing Computerized National Identity Card duly issued by NADRA authorities; that the father and mother of the applicant died in Shandadpur City of District Sanghar and such death certificates have been issued by the concerned authorities, and photocopies whereof have been annexed with the memo of bail application; that the real name of applicant's father is Abdul Hakeem but his name in FIR has been wrongly mentioned as Abdul Karim, that there is violation of. Section 103, Cr.P.C. as none from the place, wherefrom the applicant has been apprehended, has been joined as a witness, despite prior information. In support of her arguments, the applicant's Counsel has cited case law reported as; (i) 1997 MLD Karachi 279 (ii) 1995 PCr.LJ Karachi 1348 (iii) PLD 1988 Karachi 64 and (iv) 1986 PCr.LJ Karachi 1063. The relevant portions read as under:--
(i) 1997 MLD Karachi 279 (Muhammad Mizan v. The State)
"On the contrary it supports the case of the accused/applicant. The accused/applicant is in custody since 26.07.1995 and the witnesses have were police personnel as such, prima facie, there as no possibility of tampering of the prosecution evidence. The trial is yet to be concluded, apparently same would take time. It is settled law that law is not to be stretched in favour of the prosecution and benefit of doubt arising out of the prosecution case is to be exercised in favour of the accused".
(ii)1995 PCr.LJ Karachi 1348 (Muhammad Yousuf v. The State)
"The applicant also holds a Pakistani Passport, which is issued on 28.06.1994 and National Identity Card, which is issued on 14.12.1988. In presence of this documentary evidence it shall have to be seen by the learned trial Court if such documents are genuine or otherwise".
(iii)PLD 1988 Karachi 64 (Lugman Hussain and 22 others v. The State)
"The learned Courts have, without any material on record of this case, allowed their mind to be influenced by extraneous circumstances. If there is some material available with the prosecution agency to connect the applicants with the commission of any of the offences referred to by the learned District Jude in his impugned order then they could have been properly and effectively dealt with under the relevant provisions of law. The Courts below have thus failed to exercise their discretion judiciously. Moreover, in the presence of the case as set up by the applicants, it would be a case of further inquiry as to whether they have actually committed the offence with which they are charged".
4. Conversely, Mr. Shahazado Saleem Nahiyoon, the learned Assistant P. G appearing for the State has vehemently opposed the bail of the present applicant/ accused.
5. From the perusal of record, it transpires that applicant's cousin namely, Aminullah has also got issued Death Certificates of applicant's father and mother and his CNIC bearing No,44204- 42299808-9 also appears on said Death Certificates. Perusal of record further transpires that the present applicant got issued Birth Certificate from Secretary, Union Council, Soomar Faqeer Hingoro, Taluka Shandadpur, which itself speaks that the applicant is resident of Pakistan. It is also pointed out that all the P.Ws. are police officials as none from the public has been joined as a private witness at the time of arrest of the applicant. It is further pointed out that the applicant's father and mother have expired in Pakistan and such documentary evidence has been brought on record in the shape of Death Certificates. The Birth Certificate of the applicant issued by the Secretary Soomar Faqir Hingoro, Taluka Shandadpur on 05.10.2016 is also available on record, which supports the case of the applicant, therefore, the case of the applicant comes within the ambit of Section 497(2), Cr.P.C.
6. In the light of the above discussion, applicant has successfully made out his case for further inquiry. Accordingly, the applicant is admitted on bail, subject to his furnishing solvent surety in the sum of Rs.200,000/- (Rupees Two Lac Only) and P.R. Bond in the .like amount to the satisfaction of the learned Trial Court.
7. These are the reasons of my short order dated 02.01.2017. However, the observations made here- in-above are tentative in nature and will not prejudice the Trial Court, who will decide the case strictly on merits based on material available on record.
The present bail application stands allowed accordingly.