Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 419, 420, 268, 471 & 34---Foreigners Act (XXXI of 1946), S. 14---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4---Cheating by personation, cheating and dishonestly inducing delivery of property, public nuisance, using as genuine a forged document, common intention, illegal entry into Pakistan, possession transport etc. of intoxicant---Bail, grant of---Further inquiry---Investigating Officer had neither obtained Forensic Science Laboratory report in respect of contraband liquor nor verified forged Computerized National Identity Card of accused from NADRA to ascertain its genuineness or otherwise---Evidence against accused in respect of offence under S.14, Foreigners Act, 1946 needed evaluation and it was yet to be seen as to whether S.14 of Act was applicable under the attending circumstances of case or not---Bail could not be withheld as conviction in advance---Rest of the provisions of law did not fall within the prohibition contained in S.497, Cr.P.C.---Accused was not a previous convict and was not required for purpose of investigation any more---Reasonable grounds existed for believing that matter required further probe into the guilt of accused---Bail was granted accordingly. Haji Wali Muhammad v. The State 1969 SCMR 233; PLD 1988 Kar. 64 and 2017 MLD 259 rel. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.- Through the instant petition, the accused/petitioner is seeking post arrest bail in case FIR No. 304 dated 14.04.2017 under sections 419/420/ 268/471/34, P.P.C. read with 3/4 Prohibition (Enforcement of Hadd) Order and Section 14 Foreigners Act, of Police Station Gulbahar, District Peshawar. 2. The prosecution case as set forth in the crime report is that, during gasht, Zahid Khan ASI received a spy information that accused-petitioner Khaista Gul has prepared a forged CNIC in the name of Islam Gul, and with the help of accused Liaqat Ali son of Gul Muhammad resident of Village Rashid Gari would attempt to transport liquor and for this purpose he is present at Afridi bridge with Tapka (gallon) containing liquor. On the receipt of this information…

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