IN THE HIGH COURT OF SINDH AT KARACHI

Present:

Mr. Justice Fahim Ahmed Siddiqui

Criminal Bail Application No. 1849 of 2016

Muhammad Qasim………………………………...…………………..Applicant

Versus

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

Date of Hearing & Order : 13.02.2017

Mr. S. M. Korai, advocate for the Applicant

Mr. Abdullah Rajput, APG for the State

O R D E R

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FAHIM AHMED SIDDIQUI, J: Through the instant bail application, the applicant is seeking his release on bail in an offence under Section 3/4 of Foreign Act under FIR No. 189/2016 registered at PS Pak Colony.

2. The allegation against the applicant is that he is a foreign national and at the time of his arrest, his Alien Registration Card/Permit was expired as such under the law, he was not supposed to stay in Pakistan as an alien.

3. Learned counsel for the applicant made his submissions at length. The gist of his arguments is that the applicant is residing in Pakistan lawfully as he was registered with NARA and after transferring all data of NARA to NADRA, due to some technical issues, his NARA card was not renewed. However the stay in Pakistan was extended as per permit available at page 23. Learned APG vehemently opposed the bail application on the ground that the applicant is admittedly a foreigner as such he is not entitled to be admitted on bail.

4. I have heard arguments advanced by both learned counsel and perused the record.

5. It is an admitted position that the applicant is not Pakistani national. No doubt, he was holding NARA card and was registered in 2002 but at the time of his arrest, his permission to stay in Pakistan was expired. Under these circumstances, being a foreigner this bail plea cannot be considered. However, if the applicant is willing to stay in Pakistan and ready to fulfill all requirements, he has to approach NADRA and jail authorities are directed to provide all such facility for approaching NADRA and if NADRA after considering the formalities, allows to extend his permit to stay in Pakistan in accordance with law, then leaned trial court may consider the change scenario according to law. Bail application is dismissed.

JUDGE