Case Details

Citation(s)
2016 SLG 1986 2016 SLD 1986 2016 SCP
Supreme Court of Pakistan
CRIMINAL APPEAL Nos. 274 TO 279 OF 2006 ALONG WITH CRIMINALPETITION Nos. 78-L AND 79-L OF 2004, 4/5/2016
MR., JUSTICE GULZAR AHMED, MR., JUSTICE DOST MUHAMMAD KHAN AND MR., JUSTICE QAZI FAEZ ISA, JJ

(1)The State Through Chairman Nab (2) Muhammad Asif Saigol (3) Mohib Fabrics Limited (4) Mohib Exports LimitedVS(1) Muhammad Asif Saigol (2)The State Through Chairman Nab (3) The State (4) The State

Law:

Section:

Keywords: Result: Appeal Converted and Allowed JUDGMENT QAZI FAEZ ISA, J. A learned Division Bench of the Lahore High Court at Lahore through a common judgment dated 8th July 2003 ("the impugned judgment") had dismissed three criminal appeals filed by Muhammad Asif Saigol ("MAS") against his conviction by the Accountability Court, Lahore in the three separate references filed by the Chairman, National Accountability Bureau ("NAB"), but reduced the sentences of imprisonment to what he had already undergone. The fines imposed by the Accountability Court, which were ordered to be recovered from MAS, the High Court directed, "to be recovered under section 386 of the Cr.P.C. and from the assets of the Companies". 2. That against the impugned judgment both MAS and the NAB filed petitions seeking leave to appeal before this Court and by a common order dated 8th May 2006 leave was granted to inter alia, examine the following: "i. As to whether prosecution has established guilt against the convict by producing convincing evidence, if not so, what would be its effects? ii. As to whether in presence of incriminating material brought against convict, learned High Court was justified under the law to reduce the sentence without taking into consideration that prosecution has established guilt against him." Two of the companies have also filed petitions for leave to appeal because the High Court ordered that the fine should be recovered from the sale of their properties. Vide order dated 8th May 2006 notice was also issued in respect of these two petitions and they were ordered to be fixed along with the above mentioned appeals. By this common judgment the three appeals filed by MAS, the three appeals filed by the NAB and the two petitions filed by two of the companies are being decided together because all of the cases arise out of the same common impugned judgment. MAS was the Chief Executive of Mohib Textile Mills Limited, Mohib Fabrics Industries Limited and Mohib Exports Limited (hereinafter collectively referred to as "the Companies") when three separate complaints were submitted by three different financial institutions to the NAB under the National Accountability…
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