| Citation(s) |
|---|
| 2026 SLG 1848 2026 SLD 1848 = 2026 SCMR 755 |
Supreme Court of Pakistan
Criminal Petition No. 1443 of 2025, decided on 12th September, 2025. (Against judgment dated 15.08.2025 of the Peshawar High Court, Peshawar passed in Crl. Misc. B.A. No. 2423-P of 2025).
Presented By: Athar Minallah, Irfan Saadat Khan and Malik Shahzad Ahmad Khan, JJ
Arshad Hussain Yousafzai, Advocate Supreme Court for Petitioner. Raja Shafqat Abbasi, DAG along with Umar Saeed, S.I. for the State. Date of hearing: 12th September, 2025.
Criminal Petition No. 1443 of 2025, decided on 12th September, 2025. (Against judgment dated 15.08.2025 of the Peshawar High Court, Peshawar passed in Crl. Misc. B.A. No. 2423-P of 2025).
Presented By: Athar Minallah, Irfan Saadat Khan and Malik Shahzad Ahmad Khan, JJ
Arshad Hussain Yousafzai, Advocate Supreme Court for Petitioner. Raja Shafqat Abbasi, DAG along with Umar Saeed, S.I. for the State. Date of hearing: 12th September, 2025.
SADDAM HUSSAIN ---Petitioner
VERSUS
The STATE ---Respondent
Law: Code of Criminal Procedure, 1898
Section: 497(2)
Law: Prevention of Smuggling of Migrants Act, 2018
Section: 3, 6
Law: Constitution of Pakistan, 1973
Section: 185(3)
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Prevention of Smuggling of Migrants Act (XVIII of 2018), Ss. 3 & 6---Constitution of Pakistan, Art.185(3)---Receiving money, etc. for providing foreign employment, smuggling of migrants---Bail, grant of---Further inquiry--Allegations against the accused/petitioner was that he was involved in the offence for receiving money for providing foreign employment---Petitioner was alleged to have been involved in the commission of the offence under the Act of 2018---Prosecution's case was that the petitioner was nominated in the crime report pursuant to the information received by the Federal Investigation Authority---Allegedly, the premises from which passports and other incriminating documents were taken into possession were owned by the petitioner---Deputy Attorney General, who was present along with the Investigating Officer, was not able to show that sufficient incriminating material had been collected in order to connect the petitioner with the alleged offences--At this stage, prima facie, a case for further inquiry was made out because the question whether the offences alleged to have been committed were attracted to the extent of the petitioner required further probe---Investigation to the extent of the petitioner had been concluded and his further incarceration would not serve any useful purpose---Petition was converted into an appeal and the same was allowed, in circumstances. Criminal Procedure Code (V of 1898)--- ----S. 497---Constitution of Pakistan, Art.185(3)---Bail order---Observations of the Court---Scope---Observations made in the bail orders are tentative in nature and shall not, in any manner, prejudice the trial proceedings. ORDER ATHAR MINALLAH, J.---The petitioner has sought leave against the judgment dated 15.08.2025 of the High Court, whereby his petition seeking postarrest bail was dismissed. 2. The petitioner was nominated in Crime Report No. 135 of 2025 dated 02.07.2025 registered at P.S. FIA/AHTC, Peshawar, for commission of the alleged offences under sections 3/6 of the Prevention of Smuggling of Migrants Act, 2018 ('Act of 2018'). His post arrest bail was declined by…