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1987 MLD 2594

ANWAR ALI KHAN vs NATIONAL BANK OF PAKISTAN

Citation1987 MLD 2594
CourtSindh High Court
Case No.Criminal Appeal No, D-4 of 1987
Date1987-04-09
Judge(s)Ajmal Mian, Muhammad Mazhar Ali
ResultSentence reduced

' AJMAL MIAN, J.--This appeal is directed against the judgment dated 13-12-1986 passed by the learned Presiding Officer, Special Court (Offences in Banks) at Karachi in Case No,92/1985 convicting the appellant under section 477-A and awarding him sentence for a period of five years and also sentenced him to pay a fine of Rs,50,000 and in default to undergo further R.L. For six months. He further convicted him under section 468 and awarded him a sentence for a period of 4 years and also to pay a fine of Rs,50,000 and in default to undergo R.I. For six months. The appellant was also convicted under section 403, P.P.C. And awarded a sentence for a period of 2 years. The substantial sentences of imprisonment were to run concurrently, while the sentences in default of payment of fine were to run consecutively.

2. Mr. Abdul Sattar Shaikh, learned counsel for the appellant has not challenged the convictions of the appellant but has admitted that since the offence was allegedly committed prior to the enforcement of the Ordinance No,IX of 1984 the sentences may be reduced, in view of a number of decisions given by this Court. He has referred to the following cases:

(1) Muhammad Dawood v. The State, reported in PLD 1985 Karachi 730 in which a Division Bench of this Court reduced the sentence to the period' already undergone from five years and fine of Rs,4 lacs.

(2) Gul Mustafa and another v. The State reported in 1986 PCrLJ 1635.

(3) Asghar Ali v. Thee State reported in 1986 PCrLJ 1953. In the present case the amount involved was Rs,27,120.50 including the interest. Since in the present case also the offence was allegedly committed prior to the coming into force of the Ordinance .IX of 1984 and the appellant had paid the amount before the commencement of the prosecution, we reduce the sentence to the period already undergone by the appellant but maintain the sentences of fine.

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