IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 929 of 2017

Abdul Kareem and 02 others…..………………...…………………..Applicant

Versus

The State…………………………….……………..……………….Respondent

Date of hearing and order : 25.07.2017

Syed Abid Hussain Shah, advocate for applicants

Mr. Zafar Ahmed Khan, Addl.P.G.

O R D E R

FAHIM AHMED SIDDIQUI, J: Through the instant bail application, the applicants are seeking their release on bail during pendency of trial.

2. The allegations against the applicants are that they are Bengalis and were apprehended by the police during routine patrolling and they could not produce any document or proof regarding their nationality to establish that they are Pakistanis.

3. Learned counsel for the applicants submits that co-accused Raju has succeeded in getting bail by trial Court while bail application of the applicants was declined. According to him, the applicants are having Birth Certificates while mother of the applicant Riaz has old NIC and two applicants have Nikahnamas. According to him, these documents are sufficient to establish that the applicants are Pakistani Nationals. He also submits that case against the applicants does not fall within the prohibitory clause. Learned counsel relied upon the case-laws i.e., PLD 1983 Karachi 64, PLD 1995 SC 34, 1983 SCMR 124, 1980 SCMR 142, 1979 SCMR 9, 1996 PCrLJ Karachi 1302 and 2011 PCrLJ Karachi 834.

4. Learned Addl.P.G., opposes the instant bail application by submitting that they have no document to establish their Pakistani Nationality. Regarding Birth Certificate and Nikahnama, his contention is that these documents are not a nationality document, besides the same have been issued after their arrest as such these documents are doubtful.

5. I have heard the arguments advanced and gone through the material and case laws cited by learned counsel for the applicants. Although case-laws pertain to that area of Pakistan which was not entered in the present crises and was against terrorism. It is a fact that a large number of illegal migrants have succeeded in crossing the border of country and on any account, they could not enjoy same status of a Pakistani being an illegal migrant or a foreigner residing within the country. The present scenario of the country where law and order situation has become serious, same is due to illegal migrants in the country which does not demand that a lenient view be taken regarding illegal migrants. As such the applicants are not entitled for bail at this stage. However, learned trial Court is directed to pace up the trial and conclude the same preferably within a period of 03 months from the date of receipt of this order so that the applicants may have an opportunity to establish that they are not illegal migrants in the country. Bail application is dismissed.

J U D G E