Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 161

Prevention of Corruption Act (II of 1947)----- ----S.5(2)---Penal Code (XLV of 1860), S.161---Constitution of Pakistan (1973), Art. 185(3)---Sentence, reduction in---Contentions of the accused were that he had suffered loss of service on account of his conviction and sentence; that he had faced protracted criminal trial and other proceedings for over a period of 10 years and had already served actual imprisonment for more than one year and that only 2 or 3 months were left for the expiry of his sentence of 1-1/2 years and that it would serve the interest of justice if the sentence of the accused was reduced to that already undergone by him---Validity---Accused in fact, had suffered an agony of protracted trial and subsequent criminal proceedings for over a period of 10 years and stated to have already served out the sentence for more than one year besides he had also lost his service---Ends of justice would be met if the sentence of the accused was reduced from 1-1/2 years R.I. to that already undergone. ORDER FAQIR MUHAMMAD KHOKHAR, J.--------This petition is directed against judgment dated 18-10-2001 of the Lahore High Court, Lahore passed in Criminal Appeal No.255 of 1999. 2. A criminal case F. I. R., No. 14, Exh.P.C. dated 12-7-1993 under, section 161, P.P.C. read with section 5(2) of Prevention of Corruption Act, 1947 was registered at Police Station, Anti-Corruption Establishment, Sargodha, at the instance of Muhammad Nawaz, P.W.1. According to the prosecution case, the complainant approached the petitioner for obtaining a copy of Khasra Girdawari, in respect of the land of his son-in-law Muhammad Mumtaz, who demanded Rs.1,000 as illegal gratification. The complainant did not (sic) police Inspector, Naveed Anwar, P.W.2 made an application Exh.P.W. to the District Magistrate for deputing a Magistrate to supervise the raid which was allowed by order dated Exh.P.D./1. The Magistrate recorded the statement of complainant, Exh.P.E. The complainant also handed over the currency notes of Rs.1,000 to the Magistrate with denomination of one currency no of Rs.500 and five currency notes of Rs.100 each P.1 to P.6. The Magistrate returned the same to the complainant…

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