Law: Pakistan Penal Code, 1860

Section: 419,420,468,471

Law: Anti Money Laundering Act, 2010

Section: 4

Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Electronic Transactions Ordinance, 2002

Section: 36,37

Penal Code (XLV of 1860)--- ----Ss. 419, 420, 468, 471---Electronic Transactions Ordinance (LI of 2002), Ss. 36 & 37---Anti-Money Laundering Act (VII of 2010), S.4---Criminal Procedure Code (V of 1898), S. 417---Cheating, forgery, violation of privacy of information, damage to information system and money laundering---Appeal against acquittal---Bias in the mind of judge---Illegal gratification---Proof---All accused facing trial were acquitted by Trial Court---Plea raised by prosecution was that Presiding Judge of Trial Court was removed from service for having received illegal gratification from accused persons---Effect---Slightest pecuniary interest of a judge disqualified the latter and depending on facts and circumstances of each case, any kind of bias vitiated proceedings or decision as the case might be---Presiding Judge was proceeded against and major penalty of removal from service was imposed upon him on the allegation of accepting illegal gratification from accused persons---Judgment passed by Trial Court was vitiated on the ground of pecuniary interest of Presiding Judge against whom charge of accepting illegal gratification stood established---High Court set aside the passed in favour of accused persons and remanded the case to Trial Court for decision afresh after affording opportunity of hearing to all parties---Appeal was allowed in circumstances. Khairdi Khan and others v. The Crown PLD 1953 FC 223; Haji Muhammad Jalal v. Ijaz Ahmad Bajwa, Assistant Director, FIA, State Bank Circle, Lahore, and others 2000 MLD 837; Asif Ali Zardari and another v. The State PLD 2001 SC 568; Aftab Shahban Mirani v. President of Pakistan and others 1998 SCMR 1863; Ms. Benazir Bhutto v. The President of Pakistan and another 1992 SCMR 140; Messrs MFMY Industries Ltd. and others v. Federation of Pakistan through Ministry of Commerce and others 2015 SCMR 1550; Anwar and another v. The Crown PLD 1955 FC 185; Federation of Pakistan v. Muhammad Akram Shaikh PLD 1989 SC 689; Government of N.-W.F.P. through Chief Secretary and another v. Dr. Hussain Ahmad Haroon and others 2003 SCMR 104 and Muhammad Adnan alias Dana v. State 2015 SCMR 1570 ref. THIS JUDGMENT DELIVERED…

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