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Criminal Miscellaneous No. 4326/B of 1973, decided on 14th November 1973.

‑‑‑S. 493‑Bail‑Accused petitioner no longer required for investiga tion and remanded to judicial lock up‑Accused's specimen signatures obtained but yet to be sent to Handwriting Expert for opinion‑Sanction for prosecution of petitioner, a public servant, yet to be obtained‑Time within which challan to be put up in Court not certain‑Accused petitioner granted bail in circumstances Penal Code (XLV of 1860), S. 420/465/468/471 and Passport Act (XXXIV of 19201, S. 3, Prevention of Corruption Act (11 of 194 7), S. 5(2).

Mian Nazir Akhtar for Petitioner.

Walayat Urnar for the State.

Noor Sultan, S. I., Special Police Establishment, Rawalpindi with Record.

The allegations against the petitioner are that he used to issue bogus visas. On secret information, raid was arranged and the petitioner was apprehended red handed, when he fixed the seal of British Embassy on the passport of one Asghar Hussain in a hotel at Rawalpindi. A Rubber stamp (seal) of the British Embassy was recovered from his possession, which he is alleged to have got prepared from his co‑accused Muhammad Nasim Proprietor of Agerton Press, Rawalpindi. It is also alleged that the petitioner was previously employed in the office of the British High Commissioner and at the time of the raid, was Interpreter‑cum‑Translator in the National Assembly. The petitioner was arrested at the spot. Later, he applied for bail before the learned Additional Deputy Commissioner (General), Rawalpindi, who allowed him interim bail. The petition was thereafter finally disposed of by the learned Senior Special Judge (Sessions Judge), who dismissed it. The petitioner did not surrender to custody and applied for bail before arrest before this Court, which Petition was dismisses on 17th September, 1973. He was later arrested. An application foe bail was again made before the learned Sessions Judge, Rawalpindi, which was dismissed on 15th October, 1973, on the ground that his petition for bail had already been rejected.

2. Mr. Noor Sultan, Sub‑Inspector. Special Police Establishment, who is present with record, has stated that the petitioner has been sent to the Judicial lock‑up and is not required for the investigation of this case. He further stated that the specimen handwriting of the petitioner, which have been obtained, are to be sent to the handwriting expert for opinion, which will take some time. He also stated that sanction for the prosecution of the petitioner has yet to be obtained from the Central Government, without which, the challan cannot be put in Court. Since the investigating officer is unable to state as to how much time it will take to put in the challan in Court, which, of course, depends upon the completion of the examination of the specimen signatures and the sanction for the prosecution. Under these circumstances, the petitioner is allowed bail in the sum of Rs. 20,003 (rupees twenty thousand) with two sureties in the like amount to the satisfac tion of the Assistant Commissioner, Rawalpindi.

Bail allowed.

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