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Criminal Appeal No.681 of 1973, heard on 29th January; 198S.

‑‑‑S.409‑‑Prevention of Corruption Act (11 of 1947), S.5(2)‑‑Sentence‑ Case registered against accused in 1962 and decided in 1973‑‑Amount allegedly embezzled was Rs.376.10‑‑Accused suffered agony of protracted trial and losing his job also‑‑Remaining sentence from 9 months' R.I. altered to fine of Rs.1,000 or in default six months' R.I. ‑‑[Sentence].

Ch. Manzoor Hussain for Appellant.

Sh. Afzal Hussain for the State.

Date of hearing: 29th January, 198S.

This criminal appeal arises from the judgment of learned Special Judge, Anti‑Corruption, Lahore whereby he on 24‑10‑1973 convicted Salamat Sultan appellant under various sections and sentenced him to 9 months' R.I. on each count with the direction that the sentences shall run concurrently.

2. The learned counsel on the instructions of Salamat Sultan appellant who is very much present in the Court has decided not to challenge the conviction. He has requested for leniency in the sentence. The learned counsel for the State has opposed this request.

3. In the peculiar circumstances, that the case was registered in the year 1962, decided in the year 1973 and the property allegedly embezzled was Rs.376.10 and that the appellant has not only suffered agony of protracted trial but has also lost his job, I feel inclined to A alter the remaining sentence of imprisonment to a fine of Rs.1,000 in default thereof six months' R.I. The appellant shall deposit the fine with the learned Special Judge (Central) Lahore within a month failing which the learned Special Judge shall issue warrants for his arrest and detention.

M. A. K. Order accordingly.

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