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Petitioner: MUHAMMAD AZAM VS Respondent: StateHonorable Justice Amir Hani MuslimAbdul Naeem Memon
2006 P Cr
2006 P Cr. L J 1635
[Karachi]
Before Amir Hani Muslim, J
MUHAMMAD AZAM----Applicant
Versus
THE STATE----Respondent
Bail Application No.511 and M.A. No.1988 of 2006, decided on 16th June, 2006.
Criminal Procedure Code (V of 1898)---
----S. 497---Emigration Ordinance (XVIII of 1979), S.17(I)---Bail, grant of---Trial Court had declined bail to accused on the ground that he would attempt to proceed abroad by personating for some one else---Passport of accused was already lying with the Authorities---No circumstances were shown from which such intention of accused could be gathered---Trial Court, in circumstances was in error in declining bail to accused.
Abdul Naeem Memon for Applicant.
ORDER
AMIR HANI MUSLIM, J.---The reason declining the bail to the applicant by the trial Court is one of the offence under section 17(1) of the Emigration Ordinance, 1979 was that the applicant would attempt to proceed abroad by personating him as Zahid Nazeer son of Naseer Bukhs as Quality Assurance Manager of Messrs Rauf Apparels. This is the allegation and such allegation unless proved otherwise could not be made ground to decline bail to the applicant. The passport is already lying with the relevant Authorities, therefore, there is no question that intention of nature could be gathered, therefore, the trial Court was in error in declining bail. The applicant granted bail in the other two offences in which he has been charged, is also granted bail under section 17(1) of Emigration Ordinance, 1979 subject to his furnishing surety in the sum of Rs.50,000 (Rupees fifty thousand) only with the P.R. bond in the like to the satisfaction of the trial Court.
H.B.T./M-95/K Bail granted.