MANZOOR AHMAD MALIK, J.---Through this petition, the petitioner has called in question the order dated 24.11.2017, whereby bail was refused to him by the learned Peshawar High Court, Peshawar in case FIR No.68 dated 25.10.2017, offence under sections 419, 420, 468, 471, 109, P.P.C. read with section 14 of the Foreigners Act, registered at Police Station FIA/ACC, Peshawar.
2. The prosecution case against the petitioner, as per FIR, is that the petitioner being Afghan national fraudulently obtained Pakistani CNICs.
3. We have heard learned counsel for the parties at length and have perused the available record with their assistance.
4. During the course of arguments, it has been confirmed by the learned Deputy Attorney General that for almost the same offence, the petitioner has already been acquitted by the learned trial Court. In these circumstances, the question whether the petitioner can be prosecuted again for the same offence cannot be answered in these proceedings and it is the domain of the learned trial Court to determine the aforesaid question, of course, after recording of evidence produced by the parties. For the moment, the case of the petitioner calls for further inquiry within the ambit of section 497(2), Code of Criminal Procedure.
5. For the foregoing, this petition is converted into an appeal and the same is allowed. Appellant Haji Qasim Khan is admitted to bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.500,000/- (five hundred thousand) with two sureties each in the like amount to the satisfaction of the learned trial Court.