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Criminal Bail Application No. 271 of 1986, decided on 9th March, 1986.
‑‑‑S. 497‑‑Emigration Ordinance (XVIII of 1979), Ss. 18(a) & 23‑‑Bail, grant of‑‑Indian Visa rubber stamp and rubber stamp of Indian Vice Consul and Consular's agent allegedly recovered from applicant's possession‑‑Case not falling within prohibition contained in S. 497, Cr.P.C.‑‑Applicant allowed bail in circumstances.‑‑[Ghulam Mustafa v. The State 1985 P Cr. L J 2479 dissented from].
Muhammad Akhtar v. The State 1984 P Cr. L J 2340 fol.
Ghulam Mustafa v. The State 1985 P Cr. L J 2479 dissented from.
Salim Ahmed for applicant.
A.A. Muhammadally, A.A.‑G. for the State.
The applicant has been challaned under sections 18(a) and 23 of Emigration Ordinance, 1979. The allegations against him are that certain incriminating material namely Indian Visa rubber stamp, Indian Train Block (Metal), K.S. Bharti, Vice‑Consul, rubber stamp and V.R. Bali, Consular's Agent rubber stamp were recovered from the house in his possession. In view of this recovery the case obviously falls under section 18(a) of the said Ordinance for which the punishment provided is 14 years or with fine or with both. The learned counsel for the applicant has placed reliance on my decision in another case reported as Muhammad Akhtar v. The State 1984 P Cr. L J 2340 wherein I have taken the view that the case does not fall within the prohibition contained in section 497, Cr.P.C. for reasons given in the said reported case. I see no reason to deviate from the view already taken by me the said reported case. However, another single Bench of this court the case reported Ghulam Mustafa v. The State 1985 P Cr. L J 2479 has taken a different view. Unless the point in controversy is finally decided either by Division Bench of this court or by the Supreme Court I would prefer to stick to my view I have taken in the aforesaid reported case.
Bail is, therefore, granted to the applicant in the sum of Rs.50,000 (Rupess Fifty Thousand only) and P.R. of the same amount to the satisfaction of the trial Court.
S.G.D. Bail granted
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