Law:

Section:

National Accountability Ordinance (XVIII of 1999)------S. 9(a)(vi)---Qanun-e-Shahadat (10 of 1984), Arts. 61 & 84---Constitution of Pakistan, Art.199---Constitutional petition---Misuse of authority---Suspension of sentence---Forgery---Proof---Handwriting expert's report, absence of---Comparison by Court---Allegation against accused was that he prepared forged documents including agriculture pass book and average sale certificate and recommended for loan---Trial Court convicted the accused and sentenced him to five years imprisonment---Validity---Specific allegation existed against accused but prosecution failed to procure report of handwriting expert to establish forgery on the part of accused---Comparison/observation of Trial Court could not be made basis for passing conviction against a person, which even otherwise was dangerous without aid of expert---Conviction based on such comparison was unjustified---High Court suspended sentence awarded to accused and admitted him to bail---Petition was allowed in circumstances. Khan Muhammad v. The State 1974 PCr.LJ 15; Tanveer Jamshed and another v. Raja Ghulam Haider 1986 CLC 456 and Dr. Major Abdul Ahad Khan through his Legal Representatives v. Muhammad Iqbal PLD 1989 Kar. 102 ref. Muhammad Anwar v. The State 1984 PCr.LJ 1320 rel. ORDER Through the instant constitutional petition filed in terms of Article 199 of he Constitution of Islamic Republic of Pakistan, 1973, petitioner seeks suspension of his sentence and admitting him to bail pending disposal of his main criminal appeal. 2. Having been involved in NAB reference No.58/2008, the petitioner was tried by learned Judge, Accountability Court No.IV, Lahore, who vide judgment dated 30-8-2013, convicted the petitioner under section 10(a) of National Accountability Ordinance, 1999 read with schedule thereto and sentenced him to five years' R.I. with fine of Rs.10,00,000 and in case of default in payment thereof to further undergo R.I. for six months' S.I. Benefit of section 382-B, Cr.P.C. was also extended in his favour. 3. Learned counsel for the petitioner while addressing the Court submits that the impugned judgment has been passed by the learned trial court…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492