' MUHAMMAD BASHIR JEHANGIRI, J.---The State seeks leave to appeal against the judgment dated 30-6-1999 of a learned Division Bench of the High Court of Balochistan, whereby the conviction of the convict-respondent under sections 409/420/468, P.P.C. Read with section 5(2) of Prevention of Corruption Act, II of 1947) was maintained but the substantive sentences of imprisonment of ten years on the first count and seven years each on the remaining three counts were reduced to the period already undergone, besides "setting aside the amount of fine imposed upon the convict- respondent under all the aforesaid counts".
2. The brief facts of the case are that on 8-10-1997, the Manager, National Bank of Pakistan. City Branch, Quetta, lodged F.I.R. No, 6 of 1997 alleging therein that the convict-respondent Jalib Saeed, OG-1, while posted in the Foreign Exchange Department as Incharge, "arranged/managed fictitious, forged and bogus vouchers and on the basis thereof procured the fraudulent payment of a sum.
Of Rs,67,84,545.14 from the Branch". After investigation, the convict respondent was sent up for trial to the learned Special Judge, Offences in Respect of Banks, Quetta. As a result of the trial that ensued, the convict-respondent was found guilty of all the offences he was charged with and was sentenced vide judgment dated 30-9-1998 as under:--
(i) For an offence under section 409, P.P.C. He was sentenced to undergo rigorous imprisonment for ten years with fine of Rs,15,00,000 or in default to undergo simple imprisonment for further two years;
(ii) for an offence under section 420, P.P.C., he was sentenced to undergo rigorous imprisonment for seven years with a fine- of Rs,10,00,000 or in default to undergo further imprisonment for two years;
(iii) for an offence under section 468, P.P.C., he was sentenced to undergo rigorous imprisonment for seven years with a fine of Rs,10,00,000 or in default to undergo simple imprisonment for further two years; and
(iv) for an offence under section 5(2) of Act-II of 1947, to undergo rigorous imprisonment for seven years with a fine of Rs,10,00,000 or in default to undergo simple imprisonment for two years. Benefit of section 382-B, Cr.P.C. Was also extended to the convict-respondent.
3. Feeling aggrieved, the convict-respondent filed Criminal Appeal No, 101 of 1999 before the High Court of Balochistan, at Quetta.
4. Mr. H. Shakeel Ahmed, learned Advocate for the convict-respondent "instead of pressing the appeal on merits", prayed for the reduction in the sentences of the convict-respondent on the grounds that he was the first offender and the only bread winner of his family, that he had already spent five years in Jail, that presently, he was suffering from serious diseases; that he has only a wife and a daughter who have been seriously affected due to the conviction and sentence of the convict respondent
5. Syed Ayaz Zahoor, Deputy Attorney-General said to have "expressed his no objection if moderate reduction is made in the sentence". The learned Division Bench, therefore, observed that "as the matter has not been pressed on merits, therefore, they think it proper to refrain to dilate upon the case on merits, however, considering the contentions put forth by Mr. Shakeel Ahmed, Advocate, and no objection raised by Syed Ayaz Zahoor, Deputy Attorney-General the conviction and substantive sentences of imprisonment undergone" were reduced to the one already undergone and the amount of fine imposed upon the appellant under all the sections was also set aside. "
(Underlining is ours of emphasis)
6. With this modification, the appeal was dismissed.
7. Now the State through the learned Deputy Attorney-General at Quetta seeks leave to appeal.
8. We have heard Mr. Tariq Mahmood, learned Advocate Supreme Court appearing on behalf of the State and the convict-respondent in person.
9. Office has raised an objection that the Criminal Petition is barred by 24 days. According to the learned counsel for the State, the limitation for filing Criminal Petition for Leave to Appeal is 30 days but for filing criminal petition for leave to appeal against acquittal by the learned Attorney- General, Deputy Attorney-General or Advocate-General/Additional Advocate-General is 60 days.
10. The office perhaps has not adverted to the first proviso to Rule 2 of Order XXIII of the Supreme Court Rules, 1980, and rightly so, in that the period of, limitation for Criminal Petition for Leave to Appeal by the Attorney-General for Pakistan or the Advocate-General of a Province against the judgment or order of acquittal is 60 days. Reference in this context can be made to Liaqat Ali v.
State (1992 SCM R 372). This provision, however, is not attracted to this case inasmuch as no order of acquittal of the convict-respondent was recorded. By virtue of the impugned order only the sentence awarded to the convict-respondent was reduced. Nonetheless, in the case in hand, the delay in filing the petition is condoned in the interest of justice.
11. After hearing the learned counsel for the parties, we grant leave to appeal to consider the following propositions:--
(i) Whether the learned Division Bench could not reduce the minimum sentences of rigorous imprisonment . Awarded to the convict-respondent for the offences of which the convict- respondent was found guilty to that of imprisonment for the period already undergone?
(ii) Whether the learned High Court was not legally justified to have "set aside the amount of fine imposed upon the convict-respondent" who had made defalcations in the Bank money to the tune of Rs,45,00,000 approximately which deficiency he was bound to make up even if the substantive sentences of imprisonment were reduced to the period already undergone?
12. The convict-respondent present in Court has submitted at the bar that his two houses one in Quetta, and another in Karachi were mortgaged with the National Bank of Pakistan, Quetta Branch, against the loan which he had taken from the Bank. He further submits that he has re-paid the entire amount of loan but his said two houses are still mortgaged with the Bank. We direct that the said two houses, if they have already been redeemed, shall be deemed to be mortgaged with the Bank and if they are not redeemed shall not be allowed to be redeemed till the disposal of the appeal. The convict-respondent shall also be placed on the Exit Control List by the FIA. The convict- respondent shall further furnish security in the sum of Rs,45,00,000 (Fourty-Five Lakhs) with two sureties each in the like amount to the satisfaction of the Assistant Registrar of this Court. Each one of the sureties shall be men of means owning immovable property worth Rs,45,00,000 (Forty-Five Lacs) at Quetta City or Quetta Cantt.
13. As the huge Government money is involved in its case, the appeal should be fixed at Islamabad on re-opening of the Court after summer vacations on 27-9-2000.
14. A copy of relevant extract from this order as to place the convict-respondent on the Exit Control List shall also be endorsed to the D.G., FIA at Islamabad for necessary action immediately on its receipt.