Conviction Under Section 22(b) of Emigration Ordinance 1979

 PLJ 2021 Cr.C. (Note) 31

[Lahore High Court, Multan Bench]

Present: Tariq Saleem Sheikh, J.

ABBAS ALI--Appellant

versus

STATE and another--Respondents

Crl. A. No. 646 of 2018, decided on 15.11.2018.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 426--Emigration Ordinance, 1979, S. 22(b)--Suspension of sentence--Application of--Conviction and sentence u/S. 22(b) of Emigration Ordinance, 1979--Sentence awarded to petitioner is indeed short--There is no prospect of early fixation of main appeal of the petitioner which relates to year 2018--In case his sentence is not suspended there is a possibility that he may serve out his entire sentence before his appeal is decided--According to report dated 14.11.2018 submitted by Superintendent, District Jail, Multan, he is incarcerated since date of his arrest and has already served out imprisonment of two years--He cannot be kept behind bars for an indefinite period as it would amount to punishment in advance--Application was accepted. [Para 3] A

Prince Rehan Iftikhar, Advocate, for Petitioner.

Mr. Ansar Yasin, Deputy Prosecutor General for State.

Ch. Inamullah, Advocate, for the Complainant.

Date of hearing: 15.11.2018.

Order

Crl. Misc.No. 1/2018

Petitioner Abbas Ali was tried by the learned Special Judge (Central), Multan, in case FIR No. 349/2016 dated 5.9.2016 registered at Police Station FIA/CC, Multan. Through the impugned judgment dated 9.7.2017 he was convicted under Section 22(b) of the Emigration Ordinance. 1979 and sentenced to rigorous imprisonment for three years with fine of Rs. 20,000/- and in default thereof to undergo simple imprisonment for a further period of one month. Benefit of Section 382-B, Cr.P.C. was extended to him. The Petitioner has filed the above-noted appeal against the judgment of the learned trial Court dated 9.7.2017 which is still pending. Through the instant application he seeks suspension of his sentence.

2. Arguments heard. Record perused.

3. The sentence awarded to the petitioner is indeed short. There is no prospect of early fixation of the main appeal of the Petitioner which relates to the year 2018. In case his sentence is not suspended there is a possibility that he may serve out his entire sentence before his appeal is decided. According to the report dated 14.11.2018 submitted by Superintendent, District Jail, Multan, he is incarcerated since the date of his arrest and has already served out imprisonment of two years. He cannot be kept behind the bars for an indefinite period as it would amount to punishment in advance. Keeping in view the law laid down by the Hon’ble Supreme Court of Pakistan in the case of Abdul Hameed v. Muhammad Abdullah and others (1999 SCMR 2589), this application is accepted. The sentence of the Petitioner is suspended and he is released on bail subject to his furnishing baill bond in the sum of Rs. 100,000/- (Rupees one hundred thousand) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judl.) of this Bench. The Petitioner is, however, directed to attend this Court on each and every date of hearing till the final decision of his appeal.

(A.A.K.)          Application accepted