NASRULLAH vs ' THE STATE
The petitioner filed a bail after arrest application in connection with F.I.R. No. C/504 of 2006, registered under sections 17 and 22 of the Emigration Ordinance, 1979, and section 6 of the Passports Act, 1974. The petitioner was accused of using forged passports for international travel, specifically traveling to Dubai on one forged passport and attempting to travel to the U.K. on another before being detected and deported. The core legal question was whether the petitioner was entitled to the concession of bail despite the offence not falling within the prohibitory clause of the relevant law. The Court held that the concession of bail is not a universal rule, especially in cases involving forged travel documents, which contribute to illegal immigration and pose threats to the national airline's international permissions. Consequently, the Court dismissed the bail petition, finding no sufficient grounds to grant the relief, emphasizing that the nature of the crime and its broader impact on the country's reputation and operations justified the denial of bail.
- Is the concession of bail a universal right for offences falling outside the prohibitory clause?
- Does the use of forged passports for international travel constitute sufficient grounds to deny bail?
- Can the potential impact on national airline operations be considered when deciding a bail application?
- Section 17, Emigration Ordinance 1979
- Section 22, Emigration Ordinance 1979
- Section 6, Passports Act 1974
ORDER
' SARDAR MUHAMMAD ASLAM, J.---The petitioner seeks bail after arrest in case F.I.R. No. C/504 of 2006, dated 20-8-2006 registered under sections 17/22 of Emigration Ordinance, 1979 read with section 6 of the Passports Act, 1974 at Police Station, P.C., F.I.A., Lahore.
2. Heard. Record perused.
3. The petitioner prepared a P.C. Passport in the name of Nasir son of Muhammad Akram and reached Dubai, through Flight No.Ek-624 on 15-3-2006. At Dubai, he secured passport in the name of Nasrullah son of Allah Rakha, which contained visa to U.K. He intended to fly to Manchester but was detected at Dubai and deported to Lahore. The petitioner was knowingly in possession of a forged passport which he used for travel to Dubai A and then secured another passport for his travel to Manchester U.K. And was detected. Crime of this nature is on increase. The country is facing threats of cancellation of permission of National Airline on account of illegal immigration of its nationals on forged documents. Though the offence does not fall within the prohibitory clause, yet it is not a universal rule that everyone with such a record be allowed concession of bail.
4. In view of above, no ground for bail is made out. This petition is dismissed.