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Tuesday March 19, 2024

SHC dismisses bail plea of travel agent in illegal passports case

By Our Correspondent
June 19, 2018

The Sindh High Court has dismissed the bail application of a travel agent facing a trial on charges of possessing illegal passports and fraud.

Qaiser Abbas Khan, manager of a private travel agency, was arrested by the Federal Investigation Agency (FIA) on February 20 for illegally possessing passports and reopening his sealed office on Sharea Faisal that was sealed for defrauding public at large.

The FIA alleged that the applicant opened the sealed office of Al-Hashmi Travel situated at Sharea Faisal and he was arrested from the office during a raid on the office. The applicant’s counsel submitted that the applicant had no knowledge of the sealing of the office and he visited the office with regard to his dues left with the firm about service being an ex-employee of the firm.

The additional attorney general opposed the bail plea and submitted that the applicant was involved in a case of serious nature as he took the law into his hands and de-sealed the office which was sealed on the registration of a case against him for defrauding the public at large.

He added that other co-accused had already been denied bail by the trial court, and alleged that applicant had tampered with the prosecution evidence and passports had been recovered from his possession in the presence of mashirs.

A single bench headed by Justice Abdul Maalik Gaddi observed that the applicant was arrested for de-sealing the office and 12 passports along with cheque books and payment vouchers were recovered from his possession.

The court observed that the private travel firm was sealed on the basis of a case registered against the accused for defrauding people at large on the pretext of providing them with visas for performing Hajj. It observed that such offences have been increasing day by day, which has badly affected our society and this is time to curb such types of offences with an iron hand.

The court observed that the applicant was involved in a criminal case in which he committed forgery/cheating and took the law into his own hands and in the present case it appeared to have affected the public at large and qualified to be treated as exceptional circumstances.

It further observed that merely because the offences for which the punishment was not for death or life imprisonment or ten years was no ground for bail in each and every case. The court dismissed the bail application but directed the trial court to proceed with the case expeditiously and decide it as early as possible, preferably within a period of six months.

Appeal dismissed

The Sindh High Court dismissed the appeal of a convict in an attempted murder case but reduced the sentence of the appellant which he had already undergone.

Mohammad Sardar was sentenced to five years in prison by an additional district and sessions judge for attempting to kill a girl in Gabol Town. According to the prosecution, the appellant had attempted to kill Hindu girl Lookmahi for failure to marry her on April 7, 2016.

The appellant’s counsel submitted that the case was registered by the brother of the victim due to an enmity as the appellant used to love Lookmahi and the victim herself inflicted injury on her body after refusal by the appellant to marry her.

He submitted that the appellant was in young age and had already undergone sufficient imprisonment of his sentence and would be satisfied if his sentence was cut short as he was a poor man and the only breadwinner of his family.

The court after hearing the case observed that the appellant had been behind bars since April 8, 2016, and he had remained incarcerated for more than two years and sufficiently punished and in the given circumstances needed to be given a chance to rehabilitate himself.

The court maintained the conviction; however, it reduced the sentence awarded to him by the trial court which the appellant had already undergone and also reduced the compensation amount from Rs20,000 to Rs5,000 to be paid before the Nazir of the court for the payment to the victim.