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Official Citation: 2023 SHC 566
Court / Jurisdiction: Sindh High Court
Year of Decision: 2023
Decision Date: 2023-07-17
Parties: Rahim Badshah S/O Zainul Abideen vs The State
Ruling Summary: This decision was rendered by the Sindh High Court on 2023-07-17, officially reported as 2023 SHC 566. In this matter between Rahim Badshah S/O Zainul Abideen and The State, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2023SHC566
Court Name: Sindh High Court Judge(s): Zulfiqar Ahmad Khan Title: Rahim Badshah S/O Zainul Abideen vs The State Case No.: Cr. B.A. No. 1373 of 2023 Date of Judgment:2023-07-17 Reported As: 2023 SHC 566 Result: Bail Application Allowed
Judgment ORDER 1 Applicant Rahim Badsha son of Zain ul Abdin, is seeking bail after arrest in FIR No. 17/2023 lodged under Section 3(2), 5, 13, 14, foreigners Act, 1946 at P.S. FIA ATH Circle Karachi. 2. Learned counsel for the applicant/accused contended that the applicant is Pakistani, born in Pakistan and her parents as well as siblings having their CNIC issued by the Ministry of Interior this fact is sufficient to admit the applicant/accused on bail. 3. On the other hand, learned DAG formally opposed for the grant of bail. 4. I have heard the submissions of learned counsel for the applicant as well as learned DAG and scanned the available material. The siblings as well as parents of the applicant/accused present in Court and produced their CNIC showing their identity to be a Pakistani, however, submitted that the authority concerned has been approached for obtaining the CNIC of applicant/accused. The CNICs of the siblings as well as parents are sufficient ground to hold that they are Pakistanis and not alien, however, the question of not holding CNIC by the applicant/accused will be adjudged at the time of trial. Learned DAG could not answer as to what purpose will be served by keeping the applicant behind the bar during the process of trial. Keeping in view the circumstances at hand, the applicant Rahim Badshah is granted bail subject to furnishing solvent surety in the sum of Rs.10,000/- (rupees ten thousand) with P.R bond in the like amount to the satisfaction of Nazir of learned trial Court.