THE HIGH COURT OF SINDH AT KARACHI

 

Criminal Appeal No.18 of 2025

 

  Present:       

                                                                                                                          Mr. Justice Shamsuddin Abbasi

 

 

Appellants                 :          Shah Wali son of Muhammad Yaqoob and Baran son of Muhammad Yousuf through Mr. Asif Ali Arain, Advocate

 

Respondent               :           The State through Mr. Neel Parkash, D.P.G.

Date of Hearing        :          29.04.2025

Date of Judgment      :          29.04.2025

 

JUDGMENT

 

Shamsuddin Abbasi, J.- Appellants Shah Wali and Baran were tried by learned IV Additional Sessions Judge, Karachi East in Sessions Case No.1675 of 2024, arising out of FIR No.522/2023, registered at P.S. Korangi, for offence under Section 14(ii) of the Foreigners Act, 1946. After full-dressed trial, vide judgment dated 24th December, 2024, appellants were convicted under section 14(ii) of the Foreigners Act 1946 and sentenced to undergo R.I for 07 months with fine of Rs.10,000/- each, in default whereof to undergo S.I for 15 days more.

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 available on the record.

4.     It is case of prosecution that the appellants being illegal immigrants (Afghanistan nationals) were arrested and challaned under section 14 of the Foreigners Act, 1946 and to such allegation, the charge was framed against them, they pleaded not guilty and claimed to be tried. Consequently, learned trial Court recorded conviction and sentence as stated above.

 

5.     Since, the conviction and sentence awarded to the appellants require to be modified leniently for the reasons that the appellants are Afghanistan nationals and have no past criminal antecedents, as such, they are capable of reformation. Jail roll dated 29.04.2025 reflects that appellants have served out sentence of about 5 months and 13 days, including remissions, and by now they have to undergo the remaining sentence of about 1 month and 17 days. By not pressing their appeal on merits, they have shown their genuine repentance 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. Accordingly, the sentence awarded to appellants vide impugned judgment dated 24.12.2024 is modified and reduced to one already undergone and the fine imposed upon them is remitted in peculiar circumstances of the case. However, Home Department, Government of Sindh and Jail Authorities are directed to make necessary arrangements for deportation of the Appellants to their native country i.e. Afghanistan.

 

6.         Criminal Appeal No.S-18 of 2025 stands disposed of in the above terms.

 

 

 

 

 

                                                                                      J U D G E

                                                                                                        

Gulsher/PS