Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Foreigners Act, 1946

Section: 14(2)

Criminal Procedure Code (V of 1898)--- ----S. 497---Foreigners Act (XXXI of 1946), S. 14(2)---Illegal entry in the country---Bail, grant of---Accused during interrogation disclosed names of his family members which on verification by NADRA had been found true---Accused, however, was required to prove his own identity of being a citizen/national by producing some tangible evidence---Alleged offence did not fall within prohibitory clause of S.497, Cr.P.C.---Case had already been challaned---Accused was not required for further investigation---Bail was granted accordingly. THIS ORDER PASSED BY: AFTAB AHMED GORAR, JUSTICE:---.--- Applicant/accused Jan Muhammad Salmankhail Pathan is confined in jail in Crime No. 08/2017 registered at Police Station Naperkot, District Shikarpur, for offence under section 14(2) of Foreigners Act, 1946. He applied for grant of post-arrest bail, which was declined by the learned Additional Sessions Judge-V, Shikarpur, vide order dated 23.05.2017, therefore, he has approached this Court with similar request. 2. According to the case of prosecution, on 01.3.2017, at about 4.00 p.m. the applicant/accused Jan Muhammad being citizen of Afghanistan was apprehended by a police party headed by HC Iltaf Ali Shah of P.S. Naperkot at Kandhkot-Shikarpur main road near Lanjo Larro without any valid and legal document of his availability in Pakistan, therefore, he was booked in the instant case. 3. Learned Counsel for the applicant contended that the applicant is Pakistani by birth being originally resident of South Waziristan and presently Village Khan Muhmmad Banglani, Taluka Khanpur, District Shikarpur and he has been falsely roped in the instant case by the police just to show their efficiency. It is further contended that the applicant has been doing business in District Shikarpur for the last 50/60 years and in support of such contentions birth certificate of applicant issued by Assistant Political Agent Wana South Waziristan has been placed on record. Learned Counsel further contends that the alleged offence carries punishment extendable upto…

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