' The facts giving rise to this petition are that the learned Special Judge (Central), Lahore vide his order, dated 19-3-1986 allowed bail to Muhammad Shahban petitioner on the condition of furnishing Bank Guarantee in the sum of Rs, one lac in a case under section 17/22 of the Immigration Ordinance, 1979 and section 6 of Passport Act.
2. Feeling aggrieved the petitioner has come to this Court against the direction issued by the trial Court in respect of furnishing the Bank Guarantee. Learned counsel appearing on his behalf has relied on an unreported judgment of my learned brother Qurban Sadiq Ikram, J in Criminal Revision No,18 of 1986 where it was observed that no conditional order of bail could be passed by a Court and the order passed by the Special Judge (Central) requiring the petitioner to furnish Bank Guarantee was set aside.
3. Learned counsel for the State has not been able to rebut this legal proposition. Accordingly, I accept the petition, set aside the impugned order to the extent of requiring the petitioner to furnish Bank Guarantee and direct that he may be released on bail on his furnishing security in the sum of Rs,1,00,000 (one lac) with two sureties in the like amount to the satisfaction .Of the trial Court.