IN
THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.3019 of
2025
[ Raheemllah
son of Saad Azhar vs. The
State]
|
DATE |
ORDER
WITH SIGNATUREs OF JUDGEs |
For
hearing of bail application
-----------------------------------------------------
26.02.2026
Mr. Nadeem Ahmed Azar, advocate for
applicant
Mr. Tahir Hussain Mangi,
A.P.G.
-------------------------------------------------
Shamsuddin Abbasi, J. -- Applicant/accused
Raheemullah son of Saad Azar seeks post-arrest bail in FIR No.22/2025, registered
at P.S. Orangi Town, Karachi for offence under
Sections 3, 4, 14 of the Foreigners Act, 1946, after rejection of his bail plea
by learned Additional Sessions Judge-II, Karachi West vide order dated 16.10.2025
Brief facts of the prosecution case
are that applicant was arrested in FIR No.220/2025, registered at P.S. Orangi Town for offence under section 392, 397, 34, PPC,
however, he failed to produce his CNIC and disclosed that he is Afghani
national and till date he did not try to obtain CNIC, as such, he was arrested
and FIR was registered under the above referred sections.
Learned counsel for applicant mainly
contended that applicant is innocent and he has been falsely implicated in this
due to mala fide intention and ulterior motives; that he is Pakistani national by
birth and both of his parents possess CNICs but unfortunately he did not obtain
CNIC; that the prosecution did not possess any documentary evidence which
reflects that applicant is foreign national; that alleged offence does not come
within the ambit of prohibitory clause of Section 497, Cr.PC
and the case of the applicant requires further inquiry in terms of Section
497(2), Cr.PC, hence he prayed for grant of post
arrest bail to applicant.
Learned A.P.G. opposed for grant of
bail on the ground that since the applicant did not possess CNIC, he is suspected
of the offence alleged, therefore, he is not entitled for grant of post arrest
bail.
Heard
learned counsel for the applicant, learned A.P.G. and perused the material
available on record.
During pendency of instant criminal
bail application, report was called from NADRA, which reveals as under:
“The applicant
Alpha Family has one sibling M. Gul (42401-0274460-1)
and Beta Family has spouse 13504-9240467-9 with 7 children, where Salma
13601-0507848-4 attained age of 18 but never applied for CNIC. She is required
to apply for CNIC for FRC issuance with picture. Furthermore, the applicant
provided CBRC of Raheemullah with date of birth
19.08.2003 with same parents name, which is illogical
as 6 days difference between 2 children from same mother.”
According to birth
certificate of applicant (available at page 39) his date of birth is 19.08.2003
whereas family tree submitted by NADRA reflects that parents of applicant have 7
children, out of them their daughter Salma Bibi was
born on 03.02.2003. As such, in the birth of both the kids, applicant and his
sister Salma Bibi there is a gap of six (6) months
and sixteen (16) days, which, as per NADRA, is illogical. From perusal of
record it reveals that the applicant, as per Alfa Family and Beta Family of
NADRA’s record, he was born after six month and 16 days of birth of his sister
Salma Bibi, it requires further inquiry in terms of
Section 497(2), Cr.PC. It
is settled law that merits of the case can be considered in post arrest bail as
held by the Supreme Court of Pakistan in the case Muhammad Ijaz
versus The State (2022 SCMR 1271). Therefore, post arrest bail is granted to
the applicant/accused above named, subject to furnishing solvent surety in the
sum of Rs.100,000/- (Rupees One Lac) and P.R. Bond in
the like amount to the satisfaction of the trial Court.
The observations made herein above are tentative in nature,
the same would not prejudice the case of either party at trial. However,
learned trial Court is directed to conclude the trial within two months.
The instant criminal bail application is accordingly disposed of.
J
U D G E
Gulsher/PS