| Citation(s) |
|---|
| 2026 SLG 4780 = 2026 SLD 4780 = 2026 LHC 5300 |
Lahore High Court
Crl.Misc.No.33563-B of 2026
Presented By: Muhammad Amjad Pervaiz
20.08.2026 M/s Ijaz Ahmad Janjua and Saleem Ahmad Khan Advocates for the petitioner. Ch.Usman Ghani, Assistant Attorney General with Ayesha Masood SI/FIA. Complainant with Mr.Junaid Sarvar, Advocate
Crl.Misc.No.33563-B of 2026
Presented By: Muhammad Amjad Pervaiz
20.08.2026 M/s Ijaz Ahmad Janjua and Saleem Ahmad Khan Advocates for the petitioner. Ch.Usman Ghani, Assistant Attorney General with Ayesha Masood SI/FIA. Complainant with Mr.Junaid Sarvar, Advocate
Muhammad Abbas
VS
. The State and another.
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Emigration Ordinance, 1979
Section: 17,22
Case Summary & Legal Core Points
FIR & Facts
| Detail | Description |
|---|---|
| FIR | No. 1047, dated 31.12.2025, PS FIA/AHTC, Lahore |
| Offences | Sections 17 & 22, Emigration Ordinance, 1979 |
| Allegation | Petitioner and co-accused took Rs. 9,00,000 from complainant (partly cash, partly bank transfer) on pretext of sending her to Muscat for employment — neither sent abroad nor money returned |
| Year of Occurrence | 2024 |
Bail Granted — Rs. 2,00,000 with one surety.
Legal Core Points
1. Central Constitutional Issue — Article 12 (Protection Against Retrospective Punishment)
The key legal question was whether the Emigration (Amendment) Act, 2025 — which converted the punishment from "imprisonment or fine or both" (alternative) to "imprisonment and fine" (cumulative, heavier) — applied to this case where the occurrence was in 2024, before the Amendment.
Court's Holding: The Amendment does not apply to this case — Article 12 of the Constitution absolutely bars retrospective punishment.