Conviction Under Section 22(b) of Emigration Ordinance 1979
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This case involves Abbas Ali, who was convicted by a Special Judge in Multan under Section 22(b) of the Emigration Ordinance, 1979, an offense related to illegal emigration or human trafficking practices. He was sentenced to three years of rigorous imprisonment along with a fine, with an additional month of imprisonment if the fine was not paid. He appealed this conviction, but the appeal was still pending before the Lahore High Court, Multan Bench.
While waiting for his appeal to be decided, Abbas Ali applied to have his sentence suspended so he could be released on bail during the appeal process. The court noted that his three-year sentence was relatively short, and there was no indication his appeal would be heard soon since it had only been filed in 2018. Jail records showed he had already served two years in custody since his arrest.
The judge reasoned that if the sentence wasn't suspended, Abbas Ali risked completing his entire prison term before the appeal was even decided, effectively punishing him in advance without a final ruling on his guilt. Citing precedent from the Supreme Court of Pakistan, the judge granted the suspension, releasing him on bail with a bond and surety, on the condition that he attend all future court hearings until his appeal is resolved.
This case highlights how courts balance the right to a fair appeal process against lengthy pretrial or pre-appeal detention.
یہ مقدمہ عباس علی سے متعلق ہے جسے ملتان کے ایک اسپیشل جج نے ایمیگریشن آرڈیننس 1979 کی دفعہ 22(بی) کے تحت مجرم قرار دیا تھا، جو غیرقانونی نقل مکانی یا انسانی اسمگلنگ سے متعلق جرم ہے۔ اسے تین سال قید بامشقت اور جرمانے کی سزا سنائی گئی تھی، اور جرمانہ ادا نہ کرنے کی صورت میں مزید ایک ماہ قید کی سزا بھی مقرر کی گئی تھی۔ اس نے اس سزا کے خلاف اپیل دائر کی، مگر یہ اپیل لاہور ہائی کورٹ، ملتان بینچ میں زیرالتوا تھی۔
اپیل کے فیصلے کا انتظار کرتے ہوئے، عباس علی نے درخواست دی کہ اس کی سزا معطل کر دی جائے تاکہ وہ اپیل کے زیرِ سماعت رہنے کے دوران ضمانت پر رہا ہو سکے۔ عدالت نے نوٹ کیا کہ اس کی تین سالہ سزا نسبتاً مختصر تھی، اور اس بات کا کوئی امکان نہیں تھا کہ اس کی اپیل جلد سنی جائے گی کیونکہ یہ اپیل 2018 میں ہی دائر کی گئی تھی۔ جیل ریکارڈ سے ظاہر ہوتا تھا کہ وہ گرفتاری کے بعد سے دو سال قید کاٹ
Generated from the full judgment text below — not a substitute for reading the actual opinion.
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