' ABDUL HAMEED DOGAR, C.J.--- This petition for leave to appeal is directed against judgment dated 3-2-2005 in Criminal Appeal; No,1629 of 2000 passed by the Lahore High Court, Lahore, whereby appeal filed by the petitioner was partially allowed and sentence of the petitioner was reduced to already undergone, while the sentence of fine of Rs,2 million was maintained.
2. Facts of the case in brief are that petitioner Muhammad Hashim Babar was proceeded against under Ehtesab Reference No,19/97 on the allegation that he while serving as Director, Military Lands and Cantonment, Rawalpindi had purchased House No,17, College Road, F-7/3, Islamabad on an area of 1244 sq. Yds., for a sum of Rs,30,00,000. On repeal of Ehtesab Act the matter was transferred under section 33 of the NAB Ordinance to the NAB Court. On conclusion of trial, vide his judgment dated 17-11-2000, the learned Judge, Accountability Court, Lahore, convicted the petitioner and sentenced him to 3 years' R.I. And fine of Rs,2 million or in default of payment to undergo 18 months'
R.I as well as forfeiture of applicant's 1/2 share in House No,17, College Road, F-7/3, Islamabad. In appeal the sentence was reduced to already undergone and his appeal was partially allowed, hence, this petition for leave to appeal.
2-A. It is contended by Syed Iftikhar Hussain Gilani, learned counsel for the petitioner that case of the petitioner is covered under section 7 of the National Reconciliation Ordinance, 2007, as the petitioner being holder of public office proceedings were initiated against him prior to 12th October, 1999, the cut off date, as such same proceedings shall have to be terminated.
3. The above contention of learned counsel is not refuted by Dr. Danishwar Malik, Prosecutor General NAB. Accordingly Criminal Miscellaneous Application No,17-L of 2008 is allowed, consequently Criminal P.L.A. No, 216-L of 2005 is converted into appeal and allowed and the appellant is acquitted of the charges in view of section 7 read with section 33-F of the N.R.O., 2007.
Movable and immovable properties mentioned in the order shall stand released.