Law: Criminal Procedure Code (V of 1898)

Section: 103,497

Law: Foreigners Act, 1946

Section: 14

Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 103---Foreigners Act (XXXI of 1946), S. 14---Concealing and refusing to furnish information which a person ought to disclose or furnish etc, contravention of provision of law or any order made thereunder---Bail, grant of---Further inquiry---Violation of the provisions of S.103, Cr.P.C---Prosecution alleged that Petitioner/accused was foreigner who was unlawfully staying in rented premises---Petitioner contended that he was resident of Pakistan, though not possessing Computerized National Identification Card in his name, however, CNIC of his brother and Death Certificates of their parents showed them Pakistan nationals---Record revealed that a cousin of the petitioner had also got issued Death Certificates of the parents of petitioner and his (cousin's) CNIC number also appeared on said Death Certificates---Petitioner got issued his Birth Certificate from the Secretary of concerned Union Council, which itself showed that the petitioner was resident of Pakistan---All the Prosecution witnesses were Police Officials and none from the public had been joined as private witness at the time of arrest of the petitioner---Case of the petitioner called for further inquiry as envisaged under S.497(2), Cr.P.C---Petitioner was admitted to bail, in circumstances. THIS ORDER PASSED BY: KHADIM HUSSAIN TUNIO, J.--- Applicant through instant Criminal Bail Application, under Section 497, Cr.P.C, seeks his release on bail in FIR No.154 of 2016, under Section 14 of Foreigners Act, 1946, registered at Police Station Shahdadpur, District Sanghar. 2. Briefly facts of the instant application for bail are that complainant ASI Muhammad Uris Lashari of Police Station Shahdadpur along with other police officials proceeded for patrolling to different places and when they reached at Hardspura Chowk, they received spy information that an Afghani Foreigner has stayed in a rented premises at Soomar Faqeer. On receiving such information, they proceeded to said place and apprehended the applicant Fazal Wahid and registered the present FIR. 3. Mrs. Razia Ali Zaman Khan Patoli, the learned Counsel for the applicant/ accused argued that the…

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