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Criminal Appeal No. 33 of 1987 decided on 24th March, 1987.

--S. 408--Criminal breach of trust--Accused praying for lenient sentence--Accused repaid entire amount alleged to be misappropriated by him, lost his job and remained in jail for a month and a half--Sentence of imprisonment reduced to one already undergone in circumstances.

Mohammad Hayat Junejo for Appellant.

Abdul Sattar for the State.

Date of hearing: 24th March, 1987.

.--The appellant was tried under section 408, P.P.C. before the Presiding Officer Special Court (Offence in Banks) Karachi, and was convicted and sentenced to R.I. for two years and to pay a fine of Rs.3,00,000 or in default to suffer R.I. for 6 months.

The brief facts of the prosecution case are that during the period 22 3-1986 to 30-9-1986 the appellant was working as a Manager in A.B.L. Hoor Market Branch, Karachi. That during the above period he received Rs.14,20,298 from various account holders for being deposited in their respective accounts, but he did not credit the said amounts in their accounts and committed criminal breach of trust in respect thereof. The details of the amounts misappropriated are as under: -

That after necessary investigation the appellant was challaned and formal charge was framed against him to which he pleaded guilty. The learned Advocate appearing for the appellant submitted written arguments as well as oral arguments praying for awarding lenient sentence to the appellant in view of the circumstances of the case as mentioned in his written arguments. The learned Presiding Officer Special Court after taking into consideration the plea of guilt and the arguments submitted by the learned counsel convicted the appellant under section 408, P.P.C. and sentenced him to undergo R.I. for two years and to pay fine of Rs.30,00,000 and in default of payment of fine to undergo further R.I. for o months. This appeal is directed against the said conviction.

We have heard Mr. Mohammad Hayat Juneja, Advocate for the appellant and Mr. Abdul Sattar Advocate for the State.

The only contention raised by the learned counsel for the appellant is that since the appellant has repaid the entire amount, he has lost his job and has remained in jail for more than one and half months, this Court may, in the circumstances of the case, reduce his sentence.

Mr. Abdul Sattar appearing for the State has conceded that in view of the circumstances the substantive sentence awarded to the appellant may be reduced.

We have given our anxious thought to the question of sentence and in view of the fact that the appellant had repaid the entire amount before he was sent up, and he has lost his service, and that he has remained in jail for more than one and half months, we reduce the substantive sentence from two years to one he had already undergone. However the appellant will have to pay the fine of Rs.30,00,000 in default whereof he will undergo R.I. for 6 months. With this modification in sentence the above appeal is hereby dismissed.

M.Y.H./N-33/K Appeal partly accepted.

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