ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Appeal No. 112 of 2011

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DATE ORDER WITH SIGNATURE OF JUDGE(s)

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1. For orders on M.A.No. 11603/2022

2. For hearing of case

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04.10.2022

Mr. Imtiaz Mir Jat advocate for appellant

Mr. Khadim Hussain, Addl. P.G for the State

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The appellant being Indian national, on being booked was convicted for offence punishable under Section 3(2)(a) of Foreigners Act 1946 and was sentenced to undergo rigorous imprisonment for 03 years with fine of Rs.5000/- with direction to be deported to his native country by learned II-Additional Sessions Judge, Karachi South, vide judgment dated 23.02.2011, which the appellant impugned before this Court by preferring the instant appeal, obtained his release on bail, has failed to proceed with the appeal for one or other reason despite consuming more than 11 years and now by way of listed application, has sought for direction to learned trial Court to record additional evidence, such opportunity he did not avail when was asked to avail at the time of recording his statement under Section 342 Cr.P.C, therefore the filing of instant application before this Court with considerable delay is appearing to be an attempt on his part to defeat not only disposal of instant appeal but very case obviously with ulterior motive, which cannot be permitted to be defeated at the cost of precious time of the Courts, consequently, the instant application fails and is dismissed accordingly.

Adjourned to 10.11.2022 for hearing of main appeal.

J U D G E