IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.300 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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10.03.2025
Ms. Shaista
Gul, advocate for applicant
Mr. Irshad
Ahmed, D.A.G.
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Applicant/accused
Mst. Kiran Naz daughter of Sabit Ali seeks
pre-arrest bail in FIR No.281/2022, registered at P.S. FIA AHT Circle, Karachi
for offence under sections 3(2), 5, 13, 14 of the Foreigners Act, 1946, in
which she has been arraigned as accused, alleging therein that she being
Bangladeshi nations has obtained CNIC and Birth Certificate in collusion of
agents/NADRA officials.
2. Learned
counsel for applicant submits that applicant is Pakistani national, she has
been falsely implicated in the subject FIR; that learned trial Court has
granted bail to co-accused Mst. Hina
Naz, Aisha Naz and Afshan Naz and the case of
present applicant is on identical footings to that of co-accused; that
allegation leveled against applicant requires further inquiry in terms of
Section 497(2), Cr.PC; that alleged offence does not
come within the ambit of prohibitory clause of Section 497(1), Cr.PC. She finally prayed for grant of bail to the
applicant.
3. Learned
D.A.G. admits that trial Court has granted bail to co-accused and prosecution
has not assailed bail granting order dated 01.01.2025 before this Court.
4. Heard
learned counsel for applicant as well as D.A.G. and perused the material
available on record.
5. Admittedly,
learned trial Court has granted bail to co-accused Mst.
Hina Naz, Aisha Naz and Afshan Naz vide order dated 01.01.2025 and the prosecution has not
assailed the said order before this Court, hence rule of consistency is applied
in present case and pre-arrest bail cannot be refused to applicant merely on
technicalities when she is entitled for grant of post-arrest bail. Alleged
offence does not come within the prohibitory clause of section 497, Cr.PC. Allegation leveled
against applicant requires further inquiry in terms of section 497(2), Cr.PC. In view of the material available on record, interim
pre-arrest bail granted to applicant by this Court vide order dated 03.02.2025
is confirmed on the same terms and conditions.
5. Instant
criminal bail application stands disposed of in the above terms.
J U D G E
Gulsher/PS