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Criminal Appeal No.D-4 of 1987, decided on 9th April, 1987.
---S.6--Penal Code (XLV of 1860), Ss.403, 468 & 477-A--Quantum of sentence--Offence committed prior to promulgation of Ordinance- -Money paid by accused before starting of prosecution--Sentence reduced t-) one already undergone.
Muhammad Dawood v. The State P L D 1985 Kar. 730; Gui Mystafa and another v. The State 1986 P Cr.L J 1635 and .Asghar ,Al; v. The State 1986 pCr.LJ 1953 ref.
Abdul Sattar G.Shaikh for Appellant.
Abdul Sattar Pingar for Respondent.
Date of hearing: 9th April, 1987.
--This appeal is directed against the judgment dated 13-12-1986 passed by the learned Presiding Officer, Special Court (Offences in Banks) at Karachi in Case No.92/1985 convicting the appellant under section 477-A and awarding him sentence for a period of five years and also sentenced him to pay a fine of Rs.50,000 and in default to undergo further R.I. for six months. He further convicted him under section 468 and awarded him a sentence for a period of 4 years and also to pay a fine of Rs.50,000 and in default to undergo R.I. for six months. The appellant was also convicted under section 403, P.P.C. and awarded a sentence for a period of 2 years. The substantial sentences of imprisonment were to run concurrently, while the sentences in default of payment of fine were to run consecutively.
2. Mr. Abdul Sattar Shaikh, learned counsel for the appellant has not challenged the convictions of the appellant but has admitted that since the offence was allegedly committed prior to the enforcement of the Ordinance No.1X of 1984 the sentences may be reduced, in view of a number of decisions given by this Court. He has referred to the following cases:
(1) Muhammad Dawood v. The State, reported in P L D 1985 Karachi 730 in which a Division Bench of this Court reduced the sentence to the period already undergone from five years and fine of Rs.4 lacs.
(2) Gul Mustafa and another v. The State reported in 1986 P Cr L J 1635.
(3) Asghar Ali v. The State reported in 1986 P Cr L J 1953. In the present case the amount involved was Rs.27,120.50 including the interest. Since in the present case also the offence was allegedly committed prior to the coming into force of the Ordinance IX of 1984 and the appellant had paid the amount before the commencement of the prosecution, we reduce the sentence to the period already undergone by the appellants but maintain the sentences of fine.
S.A./A-159/K Sentence reduced.
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