Case Details

Citation(s)
2015 SLG 2166 2015 SLD 2166 2015 YLR 1860

Cr. Misc. No. 33 of 2015, decided on 6th April, 2015. DATE of hearing: 19th March, 2015
YAR MUHAMMAD, J
Malik Haq Nawaz for Petitioner. Deputy Attorney General for the State

KAMRAN KHAN

VS

The STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.420, 468, 471 & 109---Prevention of Corruption Act (II of 1947), S.5(2)---Passports Act (XX of 1974), S.6---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, abetement---Bail, refusal of---Accused, had allegedly issued passports to persons belonging to different cities of Pakistan---Persons in whose favour the passports had been issued, had been shown to be residents of 'chilas' area, but practically they were not available at the given addresses, nor had such persons ever been resided on the given addresses---Passport, was issued to a citizen only from the Passport Office established in their respective areas, as per Government Policy; and that Policy had been framed for nothing, except to avoid mistake or that a passport should not be issued to a wrong person---Illegal act of accused, gave rise to the question that he issued passports to the persons, who were unseen and unheard in the area---Possibility, could not be ruled out that those persons were "wanted persons" to any law enforcing agency; and such an apprehension could not be overlooked at bail stage---Court had to look into such serious aspects of the case, and after being assured could use its discretion, even the offence committed by accused, did not fall within the prohibitory clause of S.497, Cr.P.C.---Apprehension existed that accused would leave the area as he belonged to down country and that very fact and other facts, would make the case an extraordinary and exceptional one, where bail was not allowed---Bail application was dismissed, in circumstances. 1992 PCr.LJ 357; PLD 1995 SC 34; 2001 MLD 1140 and 2007 YLR 349 ref. ORDER YAR MUHAMMAD, J.---This petition under section 497, Cr.P.C. seeks release of the petitioner on bail who is in judicial custody at Chilas facing trial of criminal case under sections 420, 468, 471, 109, P.P.C. and section 6 of the Passports Act read with section 5(2) of Prevention of Corruption Act vide FIR No.1 of 2015 recorded at FIA Police Station 14 Circle, Gilgit. 2. Briefly the facts relevant to the case as…
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