JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.S-08 of 2023.

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DATE              ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

06.02.2023

                Mr. Abdul Baqi Jan Kakar, Advocate for appellants.

Mr. Aitbar Ali Bullo, D.P.G for the State.

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ZULFIQAR ALI SANGI, J;- The appellants Abdul Wali Pathan and thirty seven others, were convicted for an offence punishable U/S.14 of Foreigner Act, 1946, and sentenced to undergo R.I for 06 months each with fine of Rs.5000/- upon all male major accused and Rs.1000/- on remaining minor male and female accused and in default whereof, to undergo one month, with benefit of Section 382-B Cr.PC, vide judgment dated 11.01.2023, delivered by learned 2^nd Additional Sessions Judge, Jacobabad, which has been impugned by the appellants before this Court by preferring the instant criminal appeal.

2.     At the very outset, it is contended by learned counsel for the appellants that, as per instructions, he would not press the disposal of instant criminal appeal on merits if the conviction and sentence awarded to the appellants is reduced to one as already undergone by them including fine and such proposition has also been conceded by learned D.P.G for the State.

3.     Heard arguments of learned counsel for the parties and perused the material made available on the record.

4.     It is case of prosecution that the appellants on being found illegal immigrants were challaned U/S.14 Foreigners Act, 1946 and to such allegation, the prosecution framed the charge against them to which they pleaded their guilt and by considering so, the learned trial Court recorded conviction and sentence, as discussed above.

5.     Since, the conviction and sentence awarded to the appellants require to be modified leniently for the reasons that the appellants are Afghan refugees and have no previous criminal record as such they are capable of reformation. By not pressing their appeal on merits, they have shown their genuine remorse to their guilt, therefore, the conviction and sentence awarded to the appellants by way of impugned judgment are modified with one as already undergone by them with reduction of fine amount from Rs.5000/- to Rs.2000/- and from Rs.1000/- to Rs.500/- to be paid and deposited with the Accountant of this Court and in failure thereof they will remain in jail till payment of fine. However, the concerned authorities are directed to deport the appellants being Afghan refugees to the places of their destination, after their release from the jail.

6.     The instant Criminal Appeal is disposed of with above modification. 

 JUDGE