2012 PCrLJ 679 KARACHI-HIGH-COURT-SINDH

Citation Name : 2012 PCrLJ 679 KARACHI-HIGH-COURT-SINDH
Side Appellant : GUL AHMED
Side Opponent : State
S. 497(2)---Penal Code (XLV of 1860), Ss. 420/468/471/109---Foreigners Act (XXXI of 1946), Ss.3(2)/13/14---Cheating, forgery, using as genuine a forged document--- Bail, grant of--- Further inquiry---Accused was having a National Identity Card and Passport since 1991, which had not been controverted by the State Counsel or the Inspector of the Investigating Agency---Passports issued to accused were time and again renewed and at no point of time accused was declared to be Afghan national and it was only on 7-5-2011 when accused arrived from Dubai, that he was apprehended on the ground that during immigration , the particulars entered into PISCES Data Base System, had not confirmed his NICOP---Question required enquiry with regard to the national status of accused as he had been suspected to be an Afghan national, whereas, as for the documents produced by him, he had stated that he was a Pakistani national and a permanent resident of Kurram Agency; and had also in that regard annexed character certificate of two Political Agents of Kurram Agency duly affirming that he was a resident of Kurram Agency---On the tentative assessment of facts and circumstances of the case, the matter required further inquiry with regard to the national status of accused and also with regard to how previous NIC and the Passport were issued to him from time to time---Was not understandable that as to how only on the basis of appearance a person could be termed as a foreign national or a Pakistani national without first ascertaining his identity, which in the case needed to be thrashed out after a detailed inquiry---Case being fit for further inquiry, accused was granted bail, in circumstances.

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