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Criminal Miscellaneous 2898/B of 1985, decided on 5th December. 1985.
‑‑‑S. 498‑‑Emigration Ordinance (XVIII of 1979), Ss. 17. 18 & 22‑ Passports Act (XX of 1974). S. 6‑‑Pre‑arrest bail, grant of‑‑Accused was previously on interim pre‑arrest bail arid attended Court on a number of hearings but no challan was submitted during said period‑ Accused having got married went abroad but could not return to a tend her case due to serious ailment‑‑Accused returning and seeking bail‑ Accused being a lady was granted bail before arrest in circumstances.
Rana Tufail Munir Khan for Petitioner.
C . M . Latif for the ‑State.
This is a petition under section 498, Cr.P.C. by Mst. Musarrat Afza Naz, petitioner, for grant‑of pre‑arrest bail in respect of a case instituted against her and four others under sections 17, 18. 22 of the Immigration Ordinance and section 6 of the Passport Act.
2. It appears that three persons who happened to be the co‑accused of the petitioner were caught while boarding a plane, as they were found to possess forged passports. On interrogation, they pointed out that those forged passports had been provided by Mist. Musarrat Afza Naz, the present petitioner, against receipt of a large sum of money and that she, with one other person, had already boarded the plane. Accordingly the petitioner and her companion who happened to be her brother, were off‑loaded. On interrogation the petitioner disclosed that her passport and that of her other four colleagues had all been secured from one Mian Abdul Aziz against a payment of Rs.1,40,000.
3. I have heard the arguments of the learned counsel fur the petitioner and the State. It appears that the petitioner was previously on interim pre‑arrest bail and was attending Court on a number of hearings during which period no challan was submitted. In the meantime having, got married she went to Saudi Arabia but could not return to A attend to her case, as she fell seriously ill there. She has now returned. Being a lady I exercise my discretion in her favour and order the confirmation, of her interim pre-arrest bail.
4. For the foregoing reasons, this petition is accepted and the interim pre-arrest bail granted to Mst. Musarrat Afza Naz, petitioner on 20-11-1985, is hereby confirmed.
H.A.K. Bail before arrest granted.
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