Pakistan can try criminals for foreign offenses: LHC

Lahore:

Lahore High Court (LHC) has decided that if a person commits an offense in a foreign country, which is also an offense under the Pakistan Penal Code (PPC), they may be tried and convicted in Pakistan as if the crime had occurred in the country.

Justice Tanveer Ahmad Sheikh from LHC, in an order issued a few days ago, rejected the accused’s attorney’s objection that when a crime report was already registered in Oman, another crime report in Pakistan was unacceptable.

The judge gave up that a person who commits a crime abroad can still be prosecuted in Pakistan.

Then the Court of AD-Inter-inter-inter-arrest withdrew to the petitioner and rejected his guarantee-pleasing.

The court also noted that when the case against the petitioner was still at an early stage of the investigation in Oman, he could not seek protection in accordance with section 403 of the criminal case (CRPC).

The court maintained the legality of the investigation, the investigation, the arrest and the trial in Pakistan and rejected the attorney’s attorney’s objection as baseless.

The case involves is Muhammad Irshad, who sought bail before declaring in connection with a four that was registered on January 3, 2023, under sections 406 and 408 in PPC in Federal Investigation Circle, Gujranwala.

According to FIR, a study by the Federal Investigation Agency (FIA) in Gujranwala was initiated after a complaint was sent by the Embassy Pakistan in Oman.

The complainant, Zulfiqar Ahmad, son of Ehsan Ellahi, stated that he had been running a jewelery in Muscat since 1992 under the company name “Anwer Jewelry LLC”.

The defendant, Muhammad Irshad, son of Muhammad Latif, was hired as a driver in his company for the past four years.

On June 16, 2022, the complainant Irshad entrusted 26,300 Omani Riyals to collect gold from Mutrah along with a diamond ring worth 600 Omani Riyals and a bank card with a balance of 923 Omani Riyals.

Instead of implementing the transaction, Irshad allegedly transferred the underlying amount of RS1.793.504 from Muscat to two Pakistani bank accounts – one that belonged to his wife, Shamim Akher, and another in his own name.

The next day, June 17, 2022, Irshad arrived in Pakistan from Muscat on Flight PK-288. Later, he deposited RS1,500,000 from the underlined funds to his own bank account. The FIA ​​study found him involved in the alleged crime.

The petitioner’s lawyer claimed that Irshad was innocent and was false implicated by the complainant for extreme motives.

He also claimed that FIR was registered after an unreasonable delay without justification, a crime report had already been submitted in Oman, which made another report in Pakistan an example of double danger and made the FIR responsible for closing down.

It was stated that the FIA ​​illegally froze the petitioner’s bank account, no official transfer had been made to Irshad, and the charges did not meet the legal criteria for the alleged offenses.

He also maintained that the petitioner, who was a law -abiding citizen, was in danger of unnecessary harm if arrested.

However, the court gave up that the evidence of the record clearly involved the petitioner. It noted that after committing a defeat in Oman, he immediately transferred funds to bank accounts in Pakistan, including his wife’s account.

The court noted that Irshad, as an employee, was handed over to cash, a diamond ring and a bank card which he abused for personal use, which constituted a breach of trust under Section 405 of the PPC.

The documentary evidence collected during the investigation connected him to the alleged crime, and he failed to refute his commitment.

The court found no indication of malicious intention on the part of the complainant to false him.

Given these circumstances, LHC gave up that extraordinary relief reserved for innocent persons could not be assigned the petitioner.

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