MUHAMMAD ASHRAF Versus THE STATE

ORDER

The facts leading to application for bail are that applicant/accused Muhammad Ashraf son of Muhammad Sharif facing trial before the learned 1st A.D.J., Malir under sections 419/420/468/471/109, P.P.C. read with sections 3(2)(a)(b), 13, 14 Foreigners Act, 1946. The case arose out of F.I.R. No. 97 of 2002 of Police Station FIA, Passport Cell, Karachi.

The brief facts of the prosecution case as disclosed in the F.I.R. lodged by complainant Inspector Muhammad Hatim Balouch on 22‑5‑2002 are reproduced herein-below in extenso:‑‑

"Received a written report vide R.R.F. No.45 of 2002 from the complainant, on the basis of which Enquiry No. 122 of 2002 dated 21‑5‑2002 registered at FIA, Passport Cell, Karachi which reads as under:‑‑

To,

The I/C Passport Cell,

Karachi.

Subject: DEPORTEE/DETAINEE

1. Muhammad Nawaz s/o Pak. PP. No. Flight No.

Bashir Ahmed A‑830992 EX‑602

Real Name: Muhammad Ashraf Dt.3‑5‑1995 20‑5‑2002. son of Muhammad Hashim Lahore Dubai

Resident of Mazar Sharif,

Afghanistan.

The fax arrived from Dubai on the strength of Pakistani Passport, when his travel documents were examined at Immigration Counter his Passport was found suspected to be forged by replacement of photograph. During the course of interrogation he told his real name Muhammad Ashraf son of Muhammad Hashim. He further disclosed that he is Afghan National and left Pakistan for Saudi Arabia on Afghan Passport which was lost by him in Saudi Arabia. He purchased this passport on Rs.10,000 (sic) Saudi Riyal from a Pakistani Agent. Pax is also COD case. He is therefore, being sent to I/C Passport Cell for further legal action.

(Sd.) The complainant.

The above facts constitute offences punishable under sections 419/420/468/471, P.P.C. read with 3(2)(a)(b) 13, 14 of Foreigners Act, 1946. Hence, registration of the case. Effected, the arrest of accused Muhammad Ashraf s/o Muhammad Hashim. Investigation taken‑up by the undersigned.

(HAMEED ULLAH), S.I.

FIA, Passport Cell, Karachi

No. FIA/P. P. C./KCY/1521‑26/2002 Dated: 22nd May, 2002.

Copies to

1. The Director, FIA (ACO) Karachi Zone, KCY.

2. The Deputy Director, FIA Passport Circle, Karachi.

3. The Deputy Director, FIA Crime, H.Q. Islamabad.

4. The Deputy Director, FIA CCR, H.Q. Islamabad.

5. The I.O.

6. All other concerned.

(Sd.)

INSPECTOR INCHARGE".

I have heard Mr. Rasheed learned counsel appearing on behalf of the applicant/accused and Mr. Ziauddin Nasir learned Standing Counsel appearing on behalf of the State. The latter conceded to the grant of bail.

Perusal of the material placed on record shows that the applicant/accused has been charged under different provisions of two different statutes. It is well‑settled that if the offences punishable under different statutes are of similar nature the accused shall be tried under the statute which entails lesser punishment. In this context I am fortified by the unreported decision of this Court in Criminal Bail Application No. 175 of 2002 (Faiz Muhammad, v. The State). The sections 419 and 420, P. P. C. are bailable whereas sections 468 and 471, P. P. C. are non‑cognizable. There is no allegation against the applicant/accused that he prepared fake and forged passport. Moreover, applicant/accused is no more required for the purpose of investigation.

Looking towards the peculiar facts and circumstances of the case I am of the considered view that the case necessitates further enquiry as contemplated under section 497(2), Cr.P.C.

Resultantly applicant/accused is granted bail in the sum of Rs.1,00,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.

H.Q./M‑392/K Bail allowed.