Criminal Appeal No. 151 of 2008
Date Order with Signature of the Judge
For hearing of case.
11th December, 2017.
M/s Muhammad Ashraf Kazi and Najma Latif Advocates
a/w appellant.
Mr. Muhammad Javed K.K. Assistant Attorney General.
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AFTAB AHMED GORAR, J. Appellant Ishtiaq Ahmed Soomro son of Nisar Ahmed Soomro, found guilty of offence, vide Judgment dated 27.05.2015, passed in Special Case No. 23 of 2002 arising out of Crime No.08 of 2002 registered with police station FIA Crime Circle-I, Karachi under Section 420/409/109 PPC read with section 5(2) of PCA 1947 was convicted to suffer R.I. for two years and fine of Rs.10,000/- under section 420 PPC, RI for two years and fine of Rs.10,000/- under section 409 PPC, RI for two years including payment of embezzled amount of Rs.102,802.50 under section 5(2) PCA-II, 1947 etc. Being aggrieved and dissatisfied with the above judgment the appellant has preferred this Appeal under section 410 Cr.P.C.
2. Learned counsel for the appellant after having argued the appeal on merits submitted that he will not press the instant appeal if conviction awarded to the appellant is reduced to one already undergone. Learned counsel submitted that appellant has paid the fine amount of Rs.20,000/- and the embezzled amount Rs.102,802.50 total Rs.122802.50 and placed on the record copy of depositor’s slip of National Bank of Pakistan.
3. On the other side, learned Assistant Attorney General recorded no objection and categorically stated that depositing of fine amount including embezzled amount and sentence already served by the appellant is sufficient to meet the ends of justice, therefore, the conviction and sentence awarded to the appellant through impugned judgment may be modified to one, which the appellant has already undergone.
4. In the case of Niazuddin v. The State reported as 2007 SCMR 206, the Hon’ble Supreme Court was pleased to reduce the sentence from imprisonment of ten years to six years. In the case of Gul Naseeb v. The State reported as 2008 SCMR 670, Hon’ble Supreme Court reduced the sentenced from imprisonment for life to ten years. Record shows that Nazir of this Court has also acknowledged the receipt of fine amount including the embezzled amount vide endorsement dated 08.12.2017 available at the bottom of order dated 06.12.2017. In similar circumstances, in the case of GHULAM ALI V/S THE STATE & ANOTHER (1997 SCMR 1411) the Hon’ble Supreme Court of Pakistan has reduced the sentence.
5. In such circumstances, in my opinion the appellant had suffered adequate punishment and by depositing fine amount including embezzled amount ends of justice has been satisfied. Accordingly the appeal against conviction is dismissed as not pressed and the sentence awarded to the appellant is altered into imprisonment which appellant had already undergone. Appellant present on bail, his bail bonds stand cancelled and surety is discharged. Office is directed to release the surety papers to the surety after proper verification, identification and as per rules.
*Aamir/PS* J U D G E