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Criminal Appeals Nos.632 and 633 of 1965, heard on 17th September,1984.

Penal Code (XLV of 1860)--

---S, 409--Prevention of Corruption Act (II of 1947), S.5(2)--Case remained pending against accused in trial Court for five years--Appeal remained pending for nineteen years--Accused lost his job--Accused suffered agony of protracted trial--Nature of sentence of imprisonment altered to that of fine in circumstances.

Shamim Abbas Bokhari for Appellant.

Sadiq Hayat Lodhi for the State.

Date of hearing: 17th September, 1984.

These two

Criminal Appeals Nos. 632 and 633 of 1965 arise from the judgment of the learned Special Judge (Central) Lahore whereby he on 31-8-1965 convicted Abdur Rahim appellant under section 409, P.P.C. and under section 5 of the Prevention of Corruption Act, 1947 and awarded consolidated sentence of three years R.I. and a fine of Rs.15,000 in default thereof 21 months R.I. under section 409, P.P.C. and three years R.I. under section 5 of the Prevention of Corruption Act. This order shall dispose of the two appeals.

2. The learned counsel has not challenged the conviction of the appellant and rightly so because there is ample reliable evidence to prove the commission of offence against the appellant. He requests for leniency in the matter of sentence. In the circumstances of the case that the case was registered in the year 1960; that the appellant was A convicted in the year 1965; that he has lost his job and that he has :suffered agony of protracted trial, 1 feel inclined to alter the nature of Imprisonment of three years, R.I. to a fine of Rs.5,000 in default thereof R.I. for one year. The sentence of fine of Rs.15,000 (Fifteen Thousands) already awarded by the trial Court is maintained. Resultantly the appellant shall deposit Rs.20,000 (Twenty Thousands) within three months with the trial Court, failing which the trial Court shall issue warrants for his arrest and detention.

S. A.

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