2008 PLP 1548 (MLD)
Malik MUHAMMAD YAQOOB — Appellant Versus THE STATE — Respondent
| Citation | 2008 PLP 1548 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Malik MUHAMMAD YAQOOB — Appellant Versus THE STATE — Respondent |
| Primary Law | Emigration Ordinance (XVIII of 1979) |
Q1: What are the key laws and sections cited in 2008 PLP 1548 (MLD)?
This judgment primarily cites: Emigration Ordinance (XVIII of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 1548 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1548 (MLD) (Malik MUHAMMAD YAQOOB — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 22
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.
Judgment & Decree
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 for the appellant, at the outset, states that the convict/appellant has spent 22 months and 8 days in jail as under Trial Prisoner. Since the appellant is in advance age and he has spent 22 months and 8 days in jail. I reduce the sentence of the appellant to the one already undergone by him. He is on bail, his bail bonds are cancelled and surety is discharged. At this stage, Ms. Sofia Saeed, learned State counsel has shown her concern about the amount received by the appellant/convict from different poor people. She seeks direction from this Court for refund of that amount. This controversy should have been resolved by the Investigating Officer at the investigation stage or the learned trial Judge could have taken measures on the basis of evidence. However, it will be open for the victims to recover the alleged amount from the convict/appellant through civil litigation, if so advised. All the Criminal Appeals are dismissed on above terms. N.H.Q./M-105/K Appeals dismissed.