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AL-SAYED HANIF ALI IBRAHIM HARZALLAH versus STATE


Criminal Code of Conduct (CR PC) from section 497 Immigration Ordinance (XVIII of 1979), section 17/18 Passport Act (XX of 1974), section 6 amendment code (XLV of 1860), sections 420, 468 and 471 bail, Lahore. The Iranian citizens' Grant (Pakistan) Delhi (India) documents were checked regularly by the Pakistani authorities and they were given documents to travel in the possession of such passengers, but these were not found by the Indian authorities and were found in Pakistan. Deported because the charges were sent to a judicial lockup upon completion of the investigation, and no further police bail was allowed in those circumstances.

1986 M L D 2398

[Lahore]

Before Ijaz Nisar, J

AL-SAYED HANIF ALI IBRAHIM HARZALLAH and 26 others--Petitioners

Versus

THE STATE--Respondent

Criminal Miscellaneous No.2310/B of 1986, decided on 25th August, 1986.

Criminal Procedure Code (V of 1898)--

---S.497--Emigration Ordinance (XVIII of 1979), S.17/18--Passports Act (XX of 1974), S.6--Penal Code (XLV of 1860), Ss.420, 468 & 471--Bail, grant of--Iranian Nationals travelling from Lahore (Pakistan) to Delhi (India)--Documents duly checked by Pakistani authorities and found in order--Travelling documents in possession of such passengers however found not genuine by Indian authorities and they were thus deported to Pakistan--- Accused on completion of investigation were sent to judicial lockup, and were no more required by Police--Bail was allowed in circumstances.

Abdul Waheed Khan for Petitioners.

Noor Muhammad Paris for the State.

ORDER

The prosecution case is that the petitioners who are Iranian Nationals had travelled from Lahore to Delhi. The Indian Immigration Authorities found that their travelling documents were not genuine on which they deported them to Pakistan and they were arrested on 5-7-1986.

2. It is contended that it is yet to be determined that the travelling documents were bogus. The Pakistani Immigration Authorities had duly checked their documents and on finding them to be in order, allowed them to leave Pakistan. These persons are no longer required for purpose of investigation because following its completion they have beer, sent to the judicial lockup.

3. Keeping in view the above circumstances, I admit the petitioners to bail on their furnishing bail bonds in the sum of Rs.20,000 (Rupees twenty thousand) with two sureties each in the like amount to the satisfaction of the trial Court (Special Judge Central, Lahore).

S. A.

Bail allowed.

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