Usman Versus State

order

Shamsuddin Abbasi, J .--- Applicant Usman seeks post arrest bail in Crime No. 319/2025 of FIA, AHT Circle, P.S. for the offences under sections 3(2)(a)(b), 13/14 Foreigners Act, 1946 read with sections 420, 468, 471 and 109 P.P.C. after dismissal of his bail plea by the learned Additional Sessions Judge, Malir, Karachi vide order dated 03.12.2025.

2. Precisely, the facts of the prosecution case as narrated in the FIR are that Enquiry No. 1101/2025 dated 27.09.2025 was registered at FIA AHT Circle, initiated upon receipt of Deportee/Detainee Report bearing VRF No. 1438/2025 dated 26/27.09.2025 along with its enclosures of the complainant Sub-Inspector Naeem Ahmed, Incharge Shift 'B' FIA Immigration (Arrival), AJP, Karachi, which is reproduced as below:-

"Applicant Usman son of Muzaffar Hussain having Passport No. ST027573 arrived at Karachi through Flight No. SV700 and no record regarding date and place of departure was found. The inquiry was concluded with remarks that the pax arrived / deported from "Saudi Arabia" on the strength of basis of emergency Passport having remarks" (Empty) During immigration clearance the behavior of the pax seemed suspicious and was asked aside for questioning, upon scrutiny of his travel documents Le emergency passport, it revealed his emergency passport suspected to be fake/forged, upon asking about his CNIC he could not produce the same and failed to give plausible reply. Hence in light of aforementioned reason the pax was detained and sent to concerned department for further verification. During the course of enquiry at this circle and disclosures of detainees named above, it transpired that he was born at Madinah on 24.02.1992, the father and mother had proceeded to Saudi Arabia before his birth and settled at Baul Awali, Madina Saudi Arabia, his other brothers and sisters were also born at Saud parents. Since then neither he nor his other family member visit Pakistan. His father has been expired 17 years ago at Saudi Arabia. He have been addicted to (CHARAS) since childhood, due to which his relationships with his family have been strained since he was 14 years old. He could obtain CNIC or Pak Passport. He was working as Translator of Hujjaj mostly belongs from Bangladesh, Pakistan etc. About 07 years ago, he was arrested by Saudi Police and recovered 15 gram (CHARAS) from his possession. He was produced before Qazi and he was convicted for 07 years sentence. While he was in jail, he through Pakistan prisoner obtained emergency passport No. ST027573 dated 20.09.2022 purported to have been issued from the Consulate General of Pakistan, Jeddah, KSA having affixed Renewal stamp No.196410 dated 05.8.2025 upto 04th Nov. 2025 on backside of the Emergency Passport with seal and signature of Narges Siddique, Vice Consul, Consulate General of Pakistan, Jeddah and handed over to Jail authorities, Shamaisy Jail, Jeddah, KSA. Finally, the Saudi authorities provided him air ticket and deported him to Pakistan. On 26/27.09.2025, upon his deportation/arrival at JIAP Karachi from KSA by flight No. SV700 on the basis of aforesaid Emergency Passport, During immigration clearance, Emergency passport in question was found suspected to be fake/forged, he also failed to produce his CNIC, hence he was detained by limmigration authorities and after initial questioning referred him to FIA, AHT Circle, Karachi, for further necessary legal action. During interrogation, the above named deportee enquired in length but he failed to provide iis identity and also failed to provide any single proof about Pakistani nationality and Pakistani origin which act on his part is punishable under Sections 3(2), 13/14 Foreigners Act, 1946 read with 420/468/471/109 P.P.C".

3. Learned counsel for the applicant has filed a statement along with Birth Certificate of the applicant which shows that the parents of the applicant belongs to Pakistan and they were settled in Saudi Arabia where applicant was born; that the applicant was deported from Saudi Arabia after his conviction in a case of recovery of charas from his possession and he was arrested in this case when he reached Pakistan and such FIR was registered against him; that the case of the applicant is based on documentary evidence which is lying with the prosecution; that the case has been challaned and applicant is no more required for further inquiry; that no purpose would be served to keep him in jail for an indefinite period. He prays for grant of bail.

4. On the other hand, the learned Assistant Attorney General, assisted by the Investigating Officer, opposed the grant of bail on the grounds that no family tree of the applicant has been produced to establish that he belongs to Pakistan; that the applicant's CNIC has not been verified from NADRA; and that he has managed a fake document. It is, therefore, contended that the applicant is not entitled to the concession of bail.

5. Heard learned counsel for the applicant and the learned Assistant Attorney General and perused the material available on record.

6. Admittedly, all the prosecution witnesses are police officials, therefore, question of tampering with the evidence does not arise. It is also an undeniable fact that the entire case of the prosecution against the applicant is primarily based on documentary evidence, the authenticity and evidentiary value whereof require determination after recording of evidence. All the relevant documents are already in the custody of the prosecution and no further recovery is shown to be effected from the applicant. Custodial interrogation of the applicant is, therefore, not required. In these circumstances, continued incarceration of the applicant would amount to pre-trial punishment. Guidance is taken from the case of Jabran and another v. The State through Director General FIA and others (2025 SCMR 1099), wherein it has been held as under:-

The learned counsel has appended documentary evidence which, prima facie suggests, that as a property dealer, the petitioner's role was limited to brokering the role transaction of the plot between the original allottees, one of whom was his maternal uncle, and Sara Rasul Bangash, wife of co-accused Muhammad Afnan Alam. The cheque for Rs.3.5 million, and pay order, subsequently made on the basis of that cheque, was given by the petitioner to the sellers as a security and was never encashed, rather the same was returned to petitioner upon completion of the sale transaction, after which the pay order was concelled and deposited back into the account of petitioner Jabran. The cheque, pay order, deposit slip and bank statement of the petitioner are upended. Therefore, at this stage there is no evidence on record that the petitioner actually paid the consideration amount to the sellers for the plot purchased by the wife of principal accused and the same will be oppreciated by the Trial Court after reading the evidence. All other properties of the petitioner mentioned in the impugned order are not part of FIR No 02/2024 and are declared in the appended tax returns of the petitioner, which give rise to the presumption that the same have been legally acquired through declared sources. Whether these properties are actually connected to any illegal activity will ultimately be determined by the Trial Court. Furthermore, the prosecution case is based upon documentary evidence only which is already available with FIA authorities and there is no apprehension of tampering with the same if the petitioner is admitted to bail.

7. For the foregoing reasons, I am of the view that sufficient grounds are available on record calling for the case of the applicant one of the further inquiry within the meaning of section 497(2), Cr.P.C. Accordingly, the post-arrest bail application is allowed. The applicant shall be released on bail subject to his furnishing solvent surety in the sum of Rs.100,000/- (Rupees one hundred thousand) and execution of P.R. Bond in the like amount to the satisfaction of the learned trial Court.

8 Needless to say that the observations made hereinabove are of tentative assessment and shall have no bearing on the merits of the case.

JK/U-5/Sindh Application allowed.