IN THE HIGH COURT OF SINDH, AT KARACHI
Criminal Appeal No. 531 of 2020
Appellant: Abdul
Qadeer through Mr. Shoukat Ali Shehroze advocate
The State: Mr.
Gul Faraz Khattak, Assistant Attorney General
Date of hearing: 30.11.2022
Date of judgment: 30.11.2022
J U D G M E N T
IRSHAD ALI SHAH, J- It is the case of the prosecution that the
appellant being official of NADRA with aid and abetment of rest of the culprits
by making fake entries in relevant records, issued forged CNICs to foreign nationals,
for that he was booked and reported upon. On conclusion of trial, he was
convicted for various terms of imprisonment by learned Judge, Special Court
(Central-I) Karachi vide judgment dated 30.11.2020, which is impugned by the
appellant before this court by preferring the instant appeal.
2. It is pointed out by learned counsel for
the parties that initially an interim charge sheet was submitted against the
appellant and absconding accused Mst. Bibi and Riaz Ahmed, same vide order
dated 27.10.2015 was treated to be final and the appellant was charged
accordingly, by bifurcating the case of above named absconding accused.
Subsequently, on 03.05.2016, the final charge sheet was submitted whereby
number of absconding accused was raised to be eight from two. Order passed
thereon by learned trial Court was only to the extent that “file”, same could
hardly be treated to be a lawful order as it lacks reasoning being mandatory in
terms of Section 24A(2) of General Clauses Act, 1897. Even otherwise, no order in
respect of newly added absconding accused was passed by learned trial Court;
the case was allowed to proceed on the basis of interim charge sheet without
providing copy of final charge sheet and its annexures to the appellant. In
that way, not only the appellant but the State have been prejudiced in its defence
seriously. By pointing out so, they suggested for remand of the case for denovo
trial.
3. Heard arguments and perused the record.
4. The omissions which have been pointed out
by learned counsel for the parties takes support from record, same being
incurable in terms of Section 537 Cr.P.C have occasioned in failure of justice
obviously, consequently, the impugned judgment is set aside with direction to
learned trial Court to pass appropriate order on final charge sheet, supply
copy of final charge sheet and its annexures to the appellant, frame the charge
against the appellant afresh on the basis of material collected by the prosecution
against him which is produced with the
final charge sheet and then to proceed with the case further and make its
disposal in accordance with law, preferably within 03 months, after receipt of
copy of this judgment.
5. Appellant is present in Court on bail, he
may enjoy the same concession subject to furnishing fresh surety in sum of
Rs.50,000/- (Rupees Fifty Thousand Only) and P.R bond in the like amount to the
satisfaction of learned trial Court.
6. The instant appeal is disposed of
accordingly.
JUDGE