ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 840 of 2023

(Shahidullah vs. The State)

Date Order with signature of Judges

For hearing of bail application

07.06.2023

Mr. Muhammad Shafiq advocate for the applicant

Mr. G.M. Bhutto Assistant Attorney General

-.-.-.-.-.-.-.-.-.

It is the case of the prosecution that the applicant being Bangladeshi national was residing in Pakistan without lawful authority was booked and reported upon accordingly. On having been refused bail by learned Sessions Judge, Malir, the applicant has sought for the same from this Court by way of instant bail application u/s 497 Cr.P.C.

It is contended by learned counsel for the applicant that the applicant is Pakistani national was traveling abroad with lawful documents; has been booked in the present case falsely by FIA authorities, such case is a second in its series, in earlier one he was released under Section 249 Cr.P.C by learned XV-Judicial Magistrate, Karachi East; on his release all the documents which were cancelled/ blocked were unblocked/ restored. By contending so, he sought for release of the applicant on bail on point of further inquiry.

Learned Assistant Attorney General has opposed to release of the applicant on bail by contending that the applicant being Bangladeshi national was residing in Pakistan without lawful authority by managing the fake documents and the earlier case against him was registered by local police, it was having no concern with the case, which now is registered against him by FIA authorities.

Heard arguments and perused the record.

As per prosecution, the applicant is a Bangladeshi National; was off loaded from the flight when was going to Bangladesh on finding his name in black list / Exit Control List; his stay in Pakistan was illegal and was on the basis of documents which he obtained fraudulently, those now have been cancelled/ blocked. In order to substantiate such claim the prosecution has been able to bring on record substantial material which prima facie suggests the involvement of the applicant with the alleged offence. Section 14-A of Foreigners Act, 1946 restricts the release of the foreigner on bail when there appear reasonable grounds for believing that he has been guilty of such offence, which prima facie appears to believe. In that situation, if the applicant is admitted to bail then it would amount to allow him to reside in Pakistan without lawful authority. The deeper appreciation of the facts and circumstances even otherwise is not permissible at bail stage. It is concluded safely that no case for release of the applicant on bail is made out. Consequently, the instant bail application is dismissed with direction to learned trial Court to expedite disposal of the case against the applicant preferably within three months after receipt of copy of this order.

JUDGE