SARDAR WALI vs The STATE
This bail application arises from the refusal of the Special Judge (Central), Peshawar, to grant post-arrest bail to the petitioner, Sardar Wali, who is charged under sections 419, 420, 468, and 471 of the Pakistan Penal Code 1860, along with sections 3/4 of the Prevention of Corruption and Human Trafficking Ordinance, sections 18(a) and 22(b) of the Emigration Ordinance 1979, and section 14 of the Foreigners Act 1946. The core legal question was whether the petitioner was entitled to the concession of bail given the nature of the offenses and the stage of the investigation. The Court held that the petitioner is entitled to bail, noting that the offenses charged carry a maximum punishment of seven years or less, making bail the rule and refusal the exception. Furthermore, the Court observed that the investigation was nearly complete, the petitioner was no longer required for further inquiry, and a co-accused had already been granted bail. The Court established the principle that parity of treatment in bail matters is essential when the circumstances of the accused are similar to those of co-accused already released.
- Is the grant of bail the rule and refusal the exception for offenses punishable by seven years imprisonment or less?
- Does the principle of parity apply when a co-accused in the same case has already been granted bail?
- Is an accused entitled to bail when the investigation is complete and the accused is no longer required for further inquiry?
- Section 419, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 3, Prevention of Corruption and Human Trafficking Ordinance
- Section 4, Prevention of Corruption and Human Trafficking Ordinance
- Section 18(a), Emigration Ordinance 1979
- Section 22(b), Emigration Ordinance 1979
- Section 14, Foreigners Act 1946
' SHAH JEHAN KHAN AKHUNDZADA, J.---Accused-petitioner Sardar Wali facing prosecution in case F.I.R. No,30 dated 7-3-2013 under sections 419, 420, 468 and 471, P.P.C. Read with section 3/4 PCHTO, 18(a), 22(b) Emigration Ordinance, 1979 and 14 of the Foreigners Act registered at Police Station, FIA/AHTC Peshawar was refused bail by the learned Special Judge (Central), Peshawar vide his order dated 21-3-2013. Now has approached this Court for his release on bail.
2. The allegations against the accused-petitioner as per F.I.R., are that on 7-3-2013 he with the name of Muhammad Ashiq flew from Peshawar Airport through Saudi Air Line on Afghan Passport and reached Riyadh where he was arrested by the Emigration staff on the ground of forged Passport and was deported to Peshawar. On reaching Peshawar Airport he disclosed his real name as Sardar Wali and stated that the forged Passport was provided to him by an Afghan agent at Kabul and advised him to fly from Pakistan where a person with the name of Qari would help him.
3. I have heard the learned counsel for the accused-petitioner as well as the learned State counsel and have gone through the record of the case.
4. Record shows that as per contents of the F.I.R., punishment for most of sections of law with which the accused- etitioner is charged, is not more than seven years and as such, the august Supreme Court of Pakistan in a number of dicta laid down has held that grant of bail in such like cases punishable with seven years imprisonment or less than is a rule and refusal is an exception. The only allegation against the accused-petitioner in this case is that he flew from Peshawar Airport on 7-3-2013 with the name of Muhammad Ashiq through Saudi Air Line on Afghan Passport and on reaching Saudi Arabia he was arrested and then deported to Pakistan and he disclosed the name of the person who helped and facilitated him in Pakistan as Qari (Noor Muhammad) who was also arrested in the case and has bean released on bail by the learned Special Judge (Central)
Peshawar vide order dated 21-3-2013, therefore, justice demands the same treatment with the accused-petitioner as well. Moreover, the accused-petitioner is in the judicial lock-up since his arrest on 7-3-2013 and the investigation in the case is almost complete and he is no more required for further investigation. Hence in view of the discussion case of the accused-petitioner is arguable for the purpose of bail and he is entitled to the concession of bail.
5. Consequently, this bail application is accepted and the accused-petitioner is directed to be released on bail provided he furnishes bail bond in the sum of Rs,1,00,000 (Rupees One lac) with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate who shall see that the sureties must be local, reliable and men of means.
' The above are the reasons of my short order announced on 12-4-2014.