Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (West Pakistan Amendment) Act, 1964

Section: 420,468,471,109

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 420, 468, 471 & 109---Foreigners Act (XXXI of 1946), Ss. 3(2) & 13/14---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---Bail, grant of---Further inquiry---Federal Investigation Agency (FIA) offloaded passengers of foreign origin for allegedly travelling on fake visas/travelling documents---Accused/passengers contended that their documents were genuine and that the complainant of the FIR was also the investigating officer of the case---Accused/passengers were travelling from abroad to Pakistan and were to board for another country; they were allowed to exit for onward journey, their passports and visas were scanned electronically and they were permitted to exit without any hindrance---Prosecution had nothing on record except the letters written by the investigating officer for verification of travelling documents---Officer who registered the FIR was to transfer the same to some other officer for investigation instead of investigating the same on his own whims, which was against the norms of criminal justice---Accused had successfully made out a case of further probe into their guilt ---Bail was allowed, in circumstances. ORDER ABDUL MOBEEN LAKHO, J.---Applicants (i) Ismail Waliullah son of Waliullah, (ii) Fahad Waliullah son of Waliullah and (iii) Mroh Mohammad Faid wife of Ismail Waliullah, seeks post arrest bail in a case bearing crime No. 203 of 2019, Police Station FIA, AHT, Circle, Karachi, registered under sections 3(2), 13/14 Foreigners Act, 1946, read with sections 420, 468, 471 and 109 Pakistan Penal Code. 2. Briefly, the facts as narrated in the First Information Report are that:- "Consequent upon Enquiry No. 365/2019 dated 10.06.2019 of FIA, AHT, Circle, Karachi, initiated by Inspector Mehboob Ali Jokhio, Incharge Shift "A", FIA, I AHS, Departure, JIAP, Karachi, which reveals that passengers named above were attempting to depart from JIAP Karachi on the strength of Myanmar Passports but…

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