Law:

Section:

Criminal Procedure Code (V of 1898)---S. 497(2)---Penal Code (XLV of 1860), Ss.419, 420, 468, 471 & 109---National Database and Registration Authorities Ordinance (VIII of 2000), S.30---Foreigners Act (XXXI of 1946), S.14---Prevention of Corruption Act (II of 1947), S.5(2)---Cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, abetment, concealing and refusing to furnish information which a person ought to disclose or furnish etc., contravention of provisions of law or any order made thereunder, corruption---Bail, grant of---Further inquiry---Punishment for most of the offences with which accused was charged, was not more than seven years and not covering by prohibitory clause of S.497, Cr.P.C.---Name of accused did not figure in the F.I.R., but he was subsequently arrayed as an accused in the statements of his co-accused in their statements recorded under S.161, Cr.P.C., which had no evidentiary value---Most of co-accused who had made confessional statements, had been released on bail---Justice, demanded the same treatment with the accused as well---Prosecution had not placed on record any reasonable/sufficient material on basis whereof, one could believe that there appeared reasonable grounds for believing that accused was connected with the offence charged with, and there were grounds for further probe into the guilt of accused---Case of accused, in circumstances, fell within the purview of further inquiry as envisaged in subsection (2) of S.497, Cr.P.C. which entitled accused to the concession of bail---Case was fit for grant of bail to accused. JUDGMENT SHAH JEHAN KHAN AKHUNDZADA, J.---Accused-petitioner Khalid Musharaf Hussain Zubairi involved in case F.I.R. No.12 dated 17-2-2012 under sections 419/420/468/471/109, P.P.C. read with section 30 NADRA Ordinance, 14 of the Foreigners Act and section 5(2) Prevention of Corruption Act, 1947 registered at Police Station, FIA Crimes Circle, Peshawar was refused bail by the learned Special Judge (Central), Peshawar vide his order dated 31-7-2013. Hence he has come to this Court for the above said concession. 2.…

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