ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Cr. B.A. No.1795 of 2017
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DATE ORDER WITH SIGNATURE(S) OF JUDGE(S)
1. FOR ORDER ON MA 2697/17
2. FOR HEARING OF BAIL APPLICATION
06.4.2018
Mr. Alqamah bin Mehmood, advocate for applicant
Mr. Muntazir Mehdi, DPG
Mr. Samiullah, Secretary, UC-8, Qasba Colony, Karachi
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ORDER
Abdul Maalik Gaddi, J. Having remained unsuccessful in obtaining his release on bail from the trial Court in Crime No.160/2017 registered under Sections 3, 4 & 14 of Foreigner Act at PS SITE-A West, Karachi. Now the applicant Noorul Haq (assume name) real name Ali Khan son of Sabz Ali is seeking his release on bail through instant bail application.
2. The brief facts of the prosecution case are that on 21.3.2017, the complainant SIP Maqbool of PS SITE-A lodged the above FIR on behalf of the State alleging therein that he along with his sub-ordinate staff was busy in patrolling when at about 2100 hours they reached near Al-Aziz Communication Metroville SITE, Karachi, they saw one person with Afghani features, he was apprehended by them and on enquiry he disclosed his name as Noorul Haq son of Khan Jan, the said person could not produce his residential documents for stay in Pakistan, hence, he was arrested under a memo and brought at police station where the above FIR was registered against him.
3. It is argued by the learned counsel for applicant that the case against applicant is false and has been registered due to enmity. He further submits that applicant is Pakistan national by birth and his father name is Sabz Ali Khan who is also resident of Pakistan. He further submits that his two brothers namely Imran Khan and Amir Khan are also residing in Karachi and the competent authorities have already issued their CNICs. During the course of arguments he has relied upon photocopy of CNIC of the father of the applicant as well as brothers of the applicant. He has also filed Birth Certificate of applicant issued by Union Council No.8, Qasba Colony, Karachi. He further submits that the accused is behind the bar for the last 13 months without any substantial progress by the trial Court.
4. Learned DPG in view of above facts and circumstances of the case has not opposed this bail application.
5. I have given my anxious thoughts to the contentions raised at the bar and have gone through the papers so made available before me.
6. It is an admitted fact that the case has been challaned and this applicant/ accused is no more required for further investigation. The whole case of prosecution is rest upon the documentary evidence which is also in possession of the prosecution, therefore, no question does arise for tampering such evidence at the hands of the applicant. Mr. Samiullah, Secretary, UC-8, Qasba Colony, Karachi, is present in Court and submits that according to his information and belief, the father and brothers of the applicant are Pakistani. It appears from the record that applicant/ accused is in jail since his arrest. Almost one year has been passed and no substantial progress has been made by the trial Court in this case. It is also not known that when trial would conclude. Therefore, the applicant/ accused could not be detained in jail for indefinite period. It also appears from the record that in this matter all the prosecution witnesses are police officials, therefore, their evidence is required to be minutely scrutinized at the time of trial, whether the applicant/ accused is Pakistan national or otherwise. Therefore, there would be no purpose to serve out if the applicant is kept behind the bars for indefinite period. It is yet to be determined at the time of trial that whether the applicant/ accused is Pakistan national or otherwise. This fact requires further probe. Since the learned DPG has already recorded his no objection for grant of bail, therefore, under these circumstances, applicant/ accused has made out a prima-facie case for grant of bail. I, accordingly admitted the accused on bail after his furnishing solvent surety in the sum of Rs.50,000/- and PR bond in the like amount to the satisfaction of the trial Court. It is made clear that this matter pertains to nationality of the applicant, therefore, trial Court is directed to proceed the case expeditiously and decide the same within the period of 03 months after receipt of this order. No unnecessary adjournment shall be granted to either side. It is also made clear that in case if applicant/ accused misuses the bail, then of course, the learned trial Court would be competent to cancel the bail of the applicant.
7. Needless to mention here that any observation if made in this order is tentative in nature and shall not effect the merits of the case.
Judge
asim/pa