ORDER SHEET
IN THE HIGH COURT OF SINDH
AT KARACHI
Cr.
Bail Application No.362 of 2015
---------------------------------------------------------------------------------------------
DATE ORDER WITH SIGNATURE(S) OF
JUDGE(S)
---------------------------------------------------------------------------------------------
For hearing
--------------
27.04.2015
Mr. Muhammad Hanif Sama,
Advocate for Applicant
Mr. Abrar
Ali Khichi, A.P.G. a/w I.O.
Ismail.
-----------------------------------
Applicant/accused Shahuddin
seeks bail in Crime No.249/2013,
registered under sections 3/4 of the Foreigners Act, 1947, at police station
Docks, Karachi.
Brief facts of the prosecution are
that SI Azhar Mehmood, left
police station along with subordinate staff on 13.07.2013. During checking he
inquired name from a person to which he disclosed his name as Shahuddin s/o Fareed Alam. It is
mentioned in the F.I.R. that from his features he appeared
to be Bengali and he had no national identity card or passport. He was arrested
under section 3/4 of the Foreigners Act, 1947. He was brought to police station
where F.I.R. was lodged by SIP on behalf of the
State. After usual investigation challan was submitted against the applicant/accused
on 30.07.2013.
Bail application was moved on behalf
of the applicant/accused before the learned Ist
Additional Sessions Judge, Karachi West, the same was rejected by him
vide order dated 25.09.2013. Thereafter, applicant/accused approached this
Court.
Mr. Muhammad Hanif Sama,
mainly contended that applicant/accused Shahuddin is Pakistani
by birth, in support of his contention, he has produced his birth certificate,
issued by Ibrahim Hyderi Union Council, Karachi East,
showing his date of birth as 26.03.1991, birth certificate issued of Government
of Sindh Pakistan, showing the date of birth of applicant/accused as 26.03.1991
in District East Karachi. Copy of nikahnama
of father and mother of the applicant/accused, solemnized at Karachi. It
is further contended that applicant/accused is in jail since last more than two
years, yet his trial is not concluded. Prosecution has failed to produce a
single witness before the trial Court. He relied upon the case of Jamaluddin alias Zubair Khan versus
the State (2012 SCMR 573).
Mr. Abrar
Ali Khichi, learned Assistant Prosecutor General
Sindh, argued that birth certificates were managed by the applicant/accused and
he has opposed the bail application.
I am inclined to grant bail to the
applicant/accused for the reasons that applicant/accused has placed on record
birth certificate issued by Ibrahim Hyderi Union
Council, Karachi East, showing his date of birth as 26.03.1991 and birth
certificate issued of Government of Sindh Pakistan, showing the same date of
birth of applicant/accused. Copy of nikahnama of
father and mother of the applicant/accused has also been placed on record,
which reflects that his father had married on 14.04.1988. Prima facie, sufficient
material has been placed on record to show that applicant/accused was born on
26.03.1991 at Karachi East. Moreover, applicant/accused is in jail for more
than two years, yet trial has not been concluded. Prosecution has yet to prove
its case at trial. Rightly reliance has been placed upon above cited authority.
Case requires further inquiry. Concession of bail is granted to the
applicant/accused subject to his furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty
Thousand) and P.R. Bond in the like amount to the satisfaction of the trial
Court.
Needless to mention here that above
observations are tentative in nature and the same shall not influence the trial
Court while deciding the case on merits.
JUDGE
Gulsher/PA