Case Details

Citation(s)
2015 SLG 650 2015 SLD 650 2015 YLR 360
Sindh High Court
Accountability Appeal No. 7 of 2011, decided on 19th December, 2014
MUHAMMAD ALI MAZHAR AND NAIMATULLAH PHULPOTO, JJ
Appellant in person. Noor Muhammad Dayo A.D.P., NAB for
Respondent

MUDASSAR AHMED KHAN

VS

The STATE

Law: National Accountability Ordinance, 1999

Section: 9,10,32

Law: Criminal Procedure Code (V of 1898)

Section: 382-B,401

Law: Pakistan Prisons Rules, 1978

Section: 199,200,201,202,203,000,000,000,000,000, 000,000,000,000,000,000,000,000,000,000, 000,000,000,000,000

Law: Pakistan Penal Code, 1860

Section: 409

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9, 10 & 32---Penal Code (XLV of 1860), S. 409---Criminal Procedure Code (V of 1898), Ss.382-B & 401---Pakistan Prisons Rules, Rr.199 to 223---Corruption and corrupt practices---Criminal breach of trust by public servant---Consideration of period of detention while awarding sentence of imprisonment---Remission---Awarding of---Accused was sentenced to 14 years, and in default of fine one year more---Total sentence with fine was 15 years as mentioned in the latest roll---Unexpired portion of sentence of accused was 5 years and one month with fine---Accused did not question the conviction awarded to him by NAB court, but he argued that if pre-conviction and post-conviction remissions were included, he had already served more than 16-1/2 years---According to accused, he had completed the entire sentence; and deserved his release from jail forthwith---Superintendent Central Prison, had failed to calculate proper remission; and accused had also been deprived of the entitlement of remission for the era of his pre-conviction---Accused had already served out more than 16 years conviction; and had the Jail authorities calculated the remission properly, accused would have been released much earlier---Maintaining the conviction of accused, Superintendent of Central Prison, was directed to calculate the remission; and if on awarding the remission in accordance with Chapter 8 of Pakistan Prisons Rules, it was found that accused had already served 15 years sentence, he would be released forthwith, in circumstances. JUDGMENT MUHAMMAD ALI MAZHAR, J.---This Criminal Accountability Appeal has been brought to challenge the conviction recorded by the Accountability Court No.IV Sindh, Karachi in the NAB Reference No.31 of 2007 vide impugned judgment dated 30-4-2011, whereby the appellant was sentenced to undergo R.I. for 14 years and to pay fine of Rs.14,111,299 and in case of default in the payment of fine, he shall suffer further R.I. for one year more, however, the benefit of section 382-B, Cr.P.C. was extended to the appellant by the trial court. 2. It is expedient to mention that during pendency of this appeal,…
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