Pakistan Case Lawโ† Search
1990 SCMR 199

MUHAMMAD ASHRAF vs THE STATE

Citation1990 SCMR 199
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No, 59 of 1988
Date1989-04-17
Judge(s)Ghulam Mujaddid Mirza, Dr. Javed Iqbal, Saad Saood Jan
ResultPetition dismissed

ORDER

1. ' JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court Lahore dated 24th January 1989 whereby appeal of the petitioner was dismissed.

2. ' The petitioner was tried for an offence under section 165-A, P.P.C. Read with section 5(2) of the Prevention of Corruption Act 1947 and vide judgment of the Special Judge, Anti-Corruption he was convicted to three years' R.I. Plus fine. On his appeal the conviction as well as sentence of fine were maintained but the sentence of imprisonment was reduced from three to two years' RI.The allegation against the petitioner was that he being Naib Qasid of the Court of Additional District Judge Bhakkar had accepted bribe of Rs,5,000. From a party in a case with the understanding that he would get his appeal accepted. There was evidence against him of two advocate witnesses as well as the testimony of the Additional District Judge himself before whom he admitted to have received that amount with the promise to show favour to the complainant. It was on the basis of this evidence and his own confession that the petitioner was convicted and sentenced by the trial Court and subsequently in appeal the sentence of imprisonment was reduced in consideration of his suffering for having been removed from service as well as having been in jail and not granted bail. Learned counsel attempted to argue before us that the petitioner was a Government employee and obtaining of sanction for prosecution in his case was necessary which was not secured in the present case. This objection has not been raised at any stage, neither before the trial Court nor before the High Court. It therefore cannot be allowed to be raised at this stage. The petition is even otherwise barred by two days and no satisfactory explanation has been furnished for the delay. The petition is therefore dismissed as time-barred as well as on merits.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch