ISHTIAQ KHAN vs THE STATE
This matter concerns a post-arrest bail application filed by the applicant, Ishtiaq Khan, who is facing trial for alleged offences under the Foreigners Act 1946 and the Foreigners Order 1951, following accusations of illegal settlement in Pakistan. The core legal question before the High Court was whether the applicant was entitled to bail given the nature of the offence and the evidence presented. The applicant contended that the maximum punishment for the alleged offence is three years, thereby placing the case outside the prohibitory clause of the Code of Criminal Procedure 1898. Furthermore, the applicant produced documentation, including a Pakistani passport and National Identity Cards of his family members, to contest the prosecution's allegations. The Court, noting that the State Counsel had no objection to the grant of bail and observing that the offence did not fall within the prohibitory clause of Section 497, Code of Criminal Procedure 1898, held that the case required further inquiry. Consequently, the Court granted the bail application, ordering the applicant's release upon furnishing surety bonds.
- Does an offence punishable by three years imprisonment fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is an accused entitled to bail when the alleged offence does not fall within the prohibitory clause and the case requires further inquiry?
- Section 7, Foreigners Order 1951
- Section 14-F, Foreigners Act 1946
- Section 497, Code of Criminal Procedure 1898
ORDER
' SALMAN ANSARI, J.---This bail application has been moved on behalf of applicant Ishtiaq Khan who is facing trial before the learned VIth Additional Sessions Judge Karachi South who has rejected the applicant's bail application vide his order dated 30-6-2008. The case under section 7 F.0 1951 read with section 14-F Act 1946 was registered against the applicant at Police Station, Mithadar Karachi.
2. Brief facts of the case are that on complaint by one Jehangir Khan against the applicant he was brought to the office of CCPO that applicant had Indian Passport No . L075205 dated 10-4-1992 visa No,10217 dated 10-4-1992 visa 10217 dated 2-2-1995 India dated 13-2-1995, he has settled in Pakistan without visa, hence he has committed above offence. The applicant was arrested on 1-6-2008.
3. Learned counsel for applicant has argued that punishment for the such offence is only three years and he has also produced the Pakistani Passport of applicant and N.I.Cs of his family members i.e, his wife and children, hence the false case has been made out which does not fall within the prohibitory clause of section 497, Cr.P.C. Hence the applicant is entitled for the bail. Mr. Fazualur Rehman Awan learned State Counsel has no objection to grant of bail.
4. Heard learned counsel for applicant and learned State Counsel.
5. Taking into consideration the Pakistani Passports. N.I.Cs of family of applicant produced by the counsel for applicant and Photostat copy of Indian Passport and visa, allegedly of the applicant which are denied by the learned counsel for applicant nevertheless. In my opinion the offence does not fall within the prohibitory clause of section 497, Cr.P.C. And case as made out requires further inquiry. The instant bail application is allowed, he be released on bail on furnishing of surety in the sum of Rs,50,000 (Rupees Fifty Thousand) and executing P.R. Bound in the like amount to the satisfaction of the trial Court.