JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal No.S-13 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

20.01.2022

                        Mr. Faiz Muhammad Larik, Advocate for the appellant.

Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.

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IRSHAD ALI SHAH, J;- Facts in brief necessary for disposal of the instant criminal appeal are that the appellant allegedly came forward to stand surety for release of accused Bachal on bail, by submitting on the basis of Solvency Certificate; same on verification was found to be forged; therefore, he was booked and reported upon for the said offence by police. After due trial, the appellant was convicted and sentenced to undergo for various terms of imprisonment, spreading over seven years and fine by learned 5^th Additional Sessions Judge, Shikarpur, as is detailed in judgment dated 03.02.2020, which is impugned by the appellant before this Court by preferring the instant criminal appeal.

2.        It is contended by learned counsel for the appellant that the appellant has been convicted and sentenced on the basis of illegal proceedings, therefore, he is liable to his acquittal by extending him benefit of doubt, which is opposed by learned Addl.P.G for the State by supporting the impugned judgment.

3.        I have considered the above arguments and have perused the record.

4.        If it is believed that the appellant by forging the Solvency Certificate has used the same as genuine, then it constitutes offence relating to document and was to have been dealt with in terms of Section 195 (1) (a) Cr.PC, which prescribes that no Court shall take cognizance of such like offence except on the complaint in writing by the public servant. No complaint of the said offence was filed. Surprisingly, Mr. Abdul Sattar, in capacity of Reader to learned 1^st Additional Sessions Judge, Shikarpur, lodged FIR of the offence with police. It was contrary to the procedure prescribed under section 195 (1) (a) Cr.PC and was illegal. It is settled by now that the things are to be done in the manner, prescribed by the law, if done otherwise, would be unlawful. In these premises, the conviction and sentence awarded to the appellant, on the basis of wrong proceedings in shape of police report being illegal could not be sustained, those are set aside, consequently, the appellant is acquitted of the offence for which he was charged, tried and convicted by learned trial Court; he shall be released forthwith in the present case, if not required to be detained in any other custody case.

5.        The instant criminal appeal is disposed of accordingly.

JUDGE