| Citation(s) |
|---|
| 2020 SLG 1819 2020 SLD 1819 2020 MLD 1237 |
Gilgit Baltistan Chief Court
Cr. Misc. No. 37 of 2020, decision Dated: 21-02-2020, hearing Date : 14-02-2020
ALI BAIG, JUSTICE
Mohammad Farooq Umer for Petitioner. Deputy Advocate General for the State.
Cr. Misc. No. 37 of 2020, decision Dated: 21-02-2020, hearing Date : 14-02-2020
ALI BAIG, JUSTICE
Mohammad Farooq Umer for Petitioner. Deputy Advocate General for the State.
MIR WALI KHAN
VS
THE STATE THROUGH F.I.A.
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 420
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 420---Foreigners Act (XXXI of 1964), S. 14---Cheating and dishonestly inducing delivery of property---Bail, grant of---Further inquiry---Accused had valid Form-B issued by National Database and Registration Authority and his name appeared at serial No. 4 of the said Form-B as such he was resident of Swat---Death certificate of father of the accused showed that he had expired at Khaja-abad, Swat and he was buried there also, thus accused had been residing in Khyber Pakhtunkwa Province (Pakistan) since long---Offence under S.14(1) of Foreigners Act, 1946, did not fall within the ambit of prohibitory clause of S.497(1), Cr.P.C.---Section 420, P.P.C. was bailable---Accused was admitted to bail, in circumstances. ORDER ALI BAIG, JUSTICE:---.--- Through the instant bail petition filed under section 497, Cr.P.C., the petitioner/accused has sought post-arrest bail in case FIR No. 02/2020 dated 17.01.2020, registered under section 420, P.P.C. and section 14 Foreigners Act, 1946, at Police Station No. 14, FIA Sub-Circle Gilgit. 2. Briefly allegation against the petitioner as narrated in the FIR is that, on spy information, the FIA authorities arrested the petitioner/ accused on 17-01-2020 from Gilgit bazaar and during inquiry, the FIA authorities have found that the petitioner is a foreigner and his CNIC was cancelled by NADRA. 3. The learned counsel for the petitioner/accused has contended that the petitioner/accused is Pakistani national and he belongs to KPK. Presently, he is residing at Gilgit and carrying his business. The learned counsel for the petitioners/accused has further contended that he has valid Form-B which is annexed with the bail petition. The learned counsel for the petitioner/accused has further argued that the petitioner is citizen of Pakistan and police has falsely implicated…
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