Law: Criminal Procedure Code (V of 1898)

Section: 367(2),497(2)

Law: Emigration Ordinance, 1979

Section: 17(1),17(2)(b),22(b)

Law: Anti Terrorism Act, 1997

Section: 7(a)

Law: Pakistan Penal Code, 1860

Section: 53,109,302(a)(b)(c),420,435,468,471

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, 1860, Ss. 420, 468, 471, 109--Emigration Ordinance, 1979, Ss. 17(1), 17(2)(b), 22(b) --Bail after arrest, grant of--Further inquiry--Allegation of--Fake documents including visa--Admittedly quantum of lesser punishment for offences, if appreciated for bail purpose, brings case out of prohibitory clause; co-accused has also been convicted for punishment of fine of Rs. 12000/- only, hence applicant's case falls within scope of further enquiry, he was admitted to post arrest bail. Conviction and acquittal-- ----It is necessary to reiterate legal position that conviction and acquittal must always be specific with reference to "offence" because it is never crime number/FIR for which one is tried but offence (s) which accused is claimed to be guilty. Every 'offence' legally has its own ingredients (allegation) as well consequences therefore, either charged accused is to be acquitted of every single charged offence else it shall be within competence of Court(s) to convict accused for any of offences regardless of his acquittal from some of charged offences. Even law permits conviction for offence, not specifically charged but found proved. Legal Punishment-- ---- Since issue, involved, is with regard to "legal punishment" hence confining myself to this, I would add that basic concept of punishment is not to have one "rotting behind bars" but reformation and deterrence (balance in society) too. Further, there also can be no denial to fact that every "offence" has its own characteristics; therefore, no fixed quantum of punishment for every offence can legally be accepted / approved. This has been reason that legislatures, keeping in view concepts of punishments, have themselves chosen "punishments" for every offence per their nature and seriousness. Sentences/Punishments-- ----Creation of Law--Therefore, legally Court is competent to pass that sentence or sentences which offence itself provides but where offence stands proved--Normally, no exception legally can be taken to wisdom of legislature and every word and phrase must always be taken as "deliberate and purposeful"--Since, importance…

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