| Citation(s) |
|---|
| 2008 SLG 1088 2008 SLD 1088 2008 MLD 1548 |
Sindh High Court
Criminal Appeals Nos. 140 to 145 of 2004, hearing Dated: 12-02-2008.
KHAWAJA NAVEED AHMED, JUSTICE
Petitioner(s) by: Appellant in person along with Muhammad Shahid Qadeer Suharwardy
Respondent(s) by: Ms. Sofia Saeed Shah Standing Counsel
Criminal Appeals Nos. 140 to 145 of 2004, hearing Dated: 12-02-2008.
KHAWAJA NAVEED AHMED, JUSTICE
Petitioner(s) by: Appellant in person along with Muhammad Shahid Qadeer Suharwardy
Respondent(s) by: Ms. Sofia Saeed Shah Standing Counsel
MALIK MUHAMMAD YAQOOB
VS
THE STATE
Law: Emigration Ordinance, 1979
Section: 22
Emigration Ordinance (XVIII of 1979)--- ----S. 22---Appreciation of evidence---Since accused was in advance age and he had spent 22 months and 8 days in jail, his sentence was reduced to the one already undergone by him---State counsel had shown her concern about the amount received by accused from different poor people and sought direction from the High Court for refund of that amount---Said controversy should have been resolved by the Investigating Officer at the investigation stage or the Trial Court could have taken measures on the basis of evidence---Victims could recover the alleged amount from accused through civil litigation, if so advised. THIS JUDGMENT DELIVERED BY: KHAWAJA NAVEED AHMED, J.--- The appellant was convicted under section 22(a)(b) of the Immigration Ordinance, 1979 to undergo R.I. for three years on 15-3-2004 by the learned Special Judge (Central) II, Karachi, in case Nos. 71 of 2000, 1 of 2001, 2 of 2001, 3 of 2001, 4 of 2001 and 16 of 2001. The sentences were ordered to run concurrently and the appellant was also given the benefit of section 382-B, Cr. P. C. Mr. Shahid Qadeer, learned counsel…
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