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