Case Details

Citation(s)
2010 SLG 2847 = 2010 SLD 2847 = 2010 MLD 1159
Lahore High Court
Criminal Appeals Nos. 797, 798 and 799 of 2008, decided on 9th April, 2010
Presented By: Muhammad Yawar Ali, J
Aftab Mustafa for Appellant.

BASHIR AHMAD---Appellant

VERSUS

THE STATE---Respondent

Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 420/468/471/109---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal Procedure Code (V of 1898), Ss.164 & 412---Cheating, forgery and corruption---Appreciation of evidence---Accused who appeared before the Senior Special Judge Anti-Corruption, made a confessional statement so that the Trial Court would take a lenient view in the matter---Impugned judgment showed that the Trial Court apprised the accused that statement confessing his guilt would be used against him for purpose of recording of conviction---Record showed that accused had deposited amount in the government treasury, almost a month after the conviction having been recorded against him which had shown that accused had accepted his conviction and his appeal was nothing, but an afterthought---Accused, in circumstances, was not entitled to challenge the legality of his conviction by virtue of bar contained in S.412, Cr.P.C.---Once a conviction was recorded by a court of competent jurisdiction on basis of plea of guilty, an appeal would only be maintainable in respect of sentence that was imposed, while in the present case, no objection with regard to severity of the sentence had been taken--Appeal was dismissed. Executive District Officer Education Rawalpindi v. Muhammad Younas 2007 SCMR 1835; Muhammad Anwar and others v. The State 1986 PCr.LJ 2164; Nawab Ali alias Nawab v. The State PLD 1972 Lah. 532 and Shafi Muhammad Magsi v. The State 2001 YLR 1917 rel. Aftab Mustafa for Appellant. Aamir Asif Ranjha, Deputy Prosecutor-General Punjab for the State. Date of hearing: 31st March, 2010. JUDGMENT MUHAMMAD YAWAR ALI, J.---This judgment will dispose of Criminal Appeal Nos. 797, 798 and 799 of 2008 as common questions of law and facts are involved in these appeals. 2. This appeal is directed against order of Senior Special Judge, Anti-Corruption, Punjab, Lahore, dated 17-6-2008, wherein, the appellant was fined Rs.5000 along with a direction that salary drawn amounting to Rs.85303 be deposited in the Government treasury and in default of payment of fine undergo a sentence of S.I. for three months. 3. Brief facts of the case are that F.I.R. bearing No.5 of…
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