' Ghulam Nabi appellant faced trial before the learned Special Judge Central, Faisalabad, who vide judgment, dated 14-7-1992 convicted him under sections 17 and 22 of the Immigration Ordinance, 1979 and sentenced to one year's R.I. Under each section with a fine of Rs,10,000 under each section.
In default of the payment of fine, he was directed to further undergo R.I. For three months under each section. However, he was awarded benefit of section 382-B, Cr.P.C.
2. The brief facts of the case as disclosed in the F.I.R. Are that the appellant extorted Rs,52,500 from Muhammad Anwar, Ali Ahmad and Muhammad Malik P.Ws. On a false pretext to provide employment to Muhammad Suleman complainant, Ali Ahmad and Muhammad Malik in the year 1980 for sending Saudi Arabia. The appellant also received their passports and the Identity Card.
Subsequently, the appellant failed to perform his part of obligation and did not return the amount and the documents. Case under sections 17 and 22 of the Immigration Ordinance, 1979 was registered with Police Station F.IA., Faisalabad vide F.I.R. No,95, dated 23-12-1983.
3. The learned counsel for the appellant instead of going to the facts of the case preferred to argue only on the law point. He relied on 1985 SCMR 180 to contend that case against the appellant was registered in the year 1980 and since then he is facing the agony of protracted trial and the ends of justice would be fully met if the sentence of the appellant is reduced to already undergone.
4. The learned counsel for the State supported the conviction awarded by the trial Court.
5. The appellant is facing trial since 1980 and he remained in jail for four months. Respectfully following the law laid down Shahid alias Babu v. The State 1985 SCMR 180, I consider that almost 14 years have passed since the commission of offence and I do not think that it shall serve the ends of justice to send the petitioners back to jail at this juncture. I, therefore, allow the appeal to the extent that the sentence of imprisonment is reduced to already undergone by him. He is on bail. His bail bond stands discharged. However, fine awarded by the learned trial Court is maintained.