Case Details

Citation(s)
2024 SLG 3905 2024 PLJ 220, 2024 SLD 3905
Lahore High Court
Crl. A. No. 223128 of 2018, decided on 24.12.2019.
Present: Ali Baqar Najafi and Anwaarul Haq Pannun, JJ.

SHAHID HASSAN AWAN--Appellant

VERSUS

STATE--Respondent

Law:

Section: S. 32—Appeal

National Accountability Ordinance, 1999 (XVIII of 1999)--

----S. 32—Appeal--Embezzlement in company’s amount Rs. 28 Million etc.--Corruption and corrupt practices--The prosecution case is supported by documents not alleged to have been forged--Since Company was indulged into banking business, therefore, all Directors had shared civil and criminal liability in terms of law laid down Pakistan as held in by august Supreme Court of Pakistan--However, there is nothing on record to shift on liability to other Directors since there is no resolution passed in this respect permitting appellant to collect deposits of claimants purchased in his own name without giving reference to Company Bulls and Bears (Pvt.) Ltd. And without using printed agreement in his company--No misreading or irregularity is pointed out, therefore, conviction of appellants needs to be sustained, which we hereby do--As per copy of report submitted by Special Prosecutor for NAB, appellant has already spent more than 8 years (including remissions) and his remaining sentence is 4 years and 7 months, which is more than half and is substantial sentence, appellant Spent about 3 months and her remaining period is 9 months (her sentence has been suspended)--Appellant has spent more than 6 years (his sentence has been suspended)--Appellant has spent more than 6 years (his sentence has been suspended) appellant has already been released after serving his entire sentence and appellant has already spent more than 4 years (including remissions)--All appellants have spent considerable time in jail, therefore, is found sufficient to meet ends of justice, therefore, are considered sentence undergone--Since all appellant have mutually acted in aid and abetment to commit offence u/S. 9 of NAO, 1999, therefore, fine as imposed by trial Court is upheld which shall be recovered u/S. 33-E of NAO, 1999--All properties shall remained confiscated in favour of State--The remaining punishment is also upheld          

                                                              [Para 19, 20 & 22] A, B, C & D

🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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