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Petitioner: MUHAMMAD FAISAL VS Respondent: StateHonorable Justice Muhammad Sadiq LaghariJameel Ahmed Wirk
2008 P Cr
2008 P Cr. L J 667
[Karachi]
Before Muhammad Sadiq Laghari, J
MUHAMMAD FAISAL---Appellant
Versus
THE STATE----Respondent
Criminal Appeal No.316 of 2005, decided on 9th September, 2005.
Criminal Procedure Code (V of 1898)---
----Ss. 410 & 426---Delay in filing appeal---Condonation of---Suspension of sentence---Contention of the appellant was that he was citizen of Pakistan and was born here---Appeal though was belated, but the question involved in it was important specially when the parents of appellant possessed computerized N.I.Cs.---Appellant stated that due to financial constraint he could not engage counsel and filed appeal in time---Delay was condoned in the interest of justice and appeal was admitted for hearing---Period of imprisonment of appellant though had already expired, but second part of punishment in shape of deportation awaited its execution---Appeal having been admitted for hearing, sentence of deportation awarded to appellant was suspended till its decision---Appellant was directed to be released on furnishing the surety.
Jameel Ahmed Wirk for Appellant.
Habibur Rasheed for the State.
ORDER
MUHAMMAD SADIQ LAGHARI, J.-- The former contends that the appellant is citizen of Pakistan having born here. That his parents have computerized NICs and photocopies thereof have been annexed to present appeal. He further contends that due to financial constraint the appellant could not engage an Advocate and filed appeal within time. He further stated that the delay may be condoned keeping in view the importance of the question involved in the case. He also contends that although the period of imprisonment has already expired but still the second tart of the punishment in shape of deportation awaits its execution.
Although the appeal is belated, but the question involved in it is important one specially when the parents of the appellants do possess computerized NICs. In the interest of justice delay is condoned and appeal admitted for hearing.
Since the appeal has been admitted for hearing for reasons mentioned above the sentence to the appellant of deportation is hereby suspended till the decision of the appeal. The appellant be released on furnishing the surety in the sum of Rs.1,00,000 with P.R. bond in the like amount to the satisfaction of Nazir of this Court provided he is not to be kept confined in any other proceedings/case.
H.B.T./M-203/K Sentence suspended.