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New harsher sentence cannot be imposed on past act: LHC

Lahore: Lahore High Court (LHC) has remarked new rigorous punishment cannot be imposed on past offence.

Justice Amjid Pervaiz of LHC while settling a new legal point has said the new rigorous sentence cannot be imposed on the offence committed in past.

The court while approving bail plea of one Muhammad Abbas accused in grabbing Rs 9 lac from the citizen on the pretext of sending him abroad has ordered to release him against surety bonds in the sum of Rs 2 lac.

Justice Muhammad Amjid Pervaiz has issued 9 page written order on the bail plea of Muhammad Abbas.

Assistant Attorney General (AAG) Usman Ghani appeared on behalf of government.

The court maintained in the decision immigration amendment 2025 cannot be applied against the accused on the alleged offence which was committed in 2024. The rigorous imprisonment cannot be awarded under the law in such offence which was implemented later and was not in force at the time of commission of offence.

The decision said that the article 12 of constitution provides protection to a person against awarding more punishment or punishment of different nature than the punishment prescribed at the time of commission of crime by him or her.

In the light of different decisions of SC this is a set principle the new rigorous punishment cannot be applied to offence committed in past.

Justice Amjid Pervaiz wrote in the decision that FIR of the case was registered late by one year.

LHC maintained that the case of the accused falls in the ambit of further investigation keeping in view the situation and record of the case.

The court further maintained that keeping the accused in jail for more period is tantamount to award punishment to him before trial.

The court while approving bail plea of Muhammad Abbas ordered to release him against surety bonds of Rs 2 lac.