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Petitioner: Malik MUHAMMAD YAQOOB VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Khawaja Naveed Ahmed Title: Malik MUHAMMAD YAQOOB vs THE STATE Case No.: Criminal Appeals Nos. 140 to 145 of 2004 Date of Judgment:2008-02-12 Reported As: 2008 MLD 1548 Result: Appeals dismissed
JUDGMENT
JUDGMENT ' 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 A 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.