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Criminal Petition for Special Leave to Appeal No. 56 of 1985, decided on 19th February, 1985.
(Against the judgment of the Lahore High Court, Lahore, dated 26‑1‑1985, passed in Criminal Appeal ho. 93 of 1983).
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 185 (3)‑‑Penal Code (XLV of 1860), S. 218/109‑‑Conviction‑‑Guilt squarely brought home to petitioner‑‑Case not warranting interference, leave to appeal refused.
Nemat Khan, Advocate Supreme Court and Iqbal Ahmad Qureshi, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing: 19th February, 1985.
ASLAM RIAZ HUSSAIN,
J.‑‑Mumtaz Hussain Shah petitioner seeks leave to appeal against the judgment of the Lahore High Court, Lahore, dated 26‑1‑1985, dismissing his criminal appeal.
2. The petitioner who is a Sub‑Engineer was accused of preparing false record about the repairs allegedly carried out by Muhammad Rafiq contractor,(his co‑accused), in the nature of white‑washing, painting and mud‑plaster etc. of 49 tubewells of Mianwali Section. He was, therefore, tried alongwith the abovesaid Muhammad Rafiq contractor for offences under section 218/109, P.P.C. They were sentenced to 6 months R.I. each. Both of them filed an appeal before the High Court. The appeal of Muhammad Rafiq was accepted and he was acquitted, while the appeal of the petitioner was dismissed vide the impugned judgment.
3. Feeling aggrieved Mumtaz Hussain Shah has filed the present petition for leave to appeal.
4. We have heard the learned counsel for the petitioner and gone through the impugned judgment. We are of the view that the guilt has been squarely brought home to the petitioner and the case does not warrant any interference by this Court.
Leave is consequently refused.
M.I. Leave refused.
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