123/2019 Criminal Appeal SYED JUNAID ALI SHAH S/O FIDA HUSSAIN SHAH (Appellant) V/S THE STATE (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Aftab Ahmed Gorar, Hon'ble Mr. Justice Amjad Ali Sahito(Author)
Order Date: 14-MAY-19
Appellant Syed Junaid Ali Shah filed Appeal against the judgment whereby the appellants were convicted u/s. 420 PPC and sentenced them to suffer R.I. for six (6) years and fine of Rs.26 lacs ,also convicted for an offence u/s.468 PPC and sentenced them to suffer R.I. for six (6) years and fine ofRs.50,000/- accused Syed Junaid Ali Shah in active connivance of his other accomplices obtained the credential/secret information and full particulars of A/c No.22877100245003. He arranged fake cheque book requisition slip on which he made forged signature of Imran Afzal Khokhar. Accused Syed Junaid Ali Shah received the cheque book request process, After receiving the million fresh cheque book accused Syed Junaid Ali Shah got transferred an amount of Rs.2.600 million through cheque . t Junaid Ali Shah, as he has taken plea of alibi that from June 2008 up to October 2012, he remained out of country, e allegation against the appellant Syed Junaid Ali was that on 26.07.2012 and 27.07.2012 he along with co-accused Syed Nizam Mohiuddin Rafai deposited two cheques amounting of Rs.13 lacs in the bank and appellant Syed Junaid Ali Shah posed himself as Afzal Khokhar. trial Court while convicting the appellant Syed Junaid Ali Shah has made the observation that FIA itself is not confident the genuineness of travel of the passenger, The above observations made by trial Court having no force, as the procedure provided at all airports that if, any person traveled abroad on presentation of his/her passport before FIA officials, they will made entry in the data/computer and in the last they affixed stamp on the passport Exit along with date, and on his arrival the FIA made entry in the data/computer and affixed stamp of Arrival. On the basis of the travel history of the appellant. Convictions and sentences awarded to appellant Syed Junaid Ali Shah are set aside. Appellant Syed Junaid Ali Shah is acquitted from the charge.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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