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Criminal Miscellaneous No.1 of 1987 in Criminal Appeal No.395 of 1987, decided on 8th July, 1987.

S.426--Penal Code (XLV of 1860), S.409/471--Prevention of Corruption Act (II of 1947), S.5 (2)--Sentence, suspension of- Petitioner convicted and sentenced on the charge of criminal mis appropriation of money--Fate of appeal depending on Expert's opinion regarding signatures on disputed receipt--Both parties examining Handwriting Experts in support of their respective contentions- Sentence suspended, in circumstances.

Ghulam Hussain Qureshi for Petitioner.

Aurangzeb for the State.

This is an application for the suspension of the execution of the sentence of Zafar Iqbal petitioner who stands convicted under section 409/471, PPC and section 5 of the PCA, 1947 and sentenced as under:-

(i) U/s. '409 PPC to seven years' R.I. and a fine of Rs.70,000 in default thereof two years' R.I.

(ii) U/s. 471, PPC to two years' R.I. and a fine of Rs.2,000 or in default thereof six months' R.I.

(iii) U /s. 5 of the P. C. A. to two years' R. I. and a fine of Rs.2,000 or in default thereof six months' R.I.

The sentences were directed to run concurrently.

2. The learned counsel for the petitioner submits that the prosecution has failed to prove criminal misappropriation of a sum of Rs.65,200 against the petitioner; that the petitioner has produced receipt Ex.PW.6/2 which shows that the aforesaid amount was paid by him to Mr.Bakhtiar A.Khilji, General Manager (Commercial) of Metropolitan Steel Corporation, Karachi and that the Handwriting Expert has opined that the signature on receipt Ex.PW.6/2 are that of Mr.Bakhtiar A. Khilji. Conversely the learned counsel for the State assisted by the learned counsel for the complainant opposed this 'application on the ground that the prosecution had also examined the Handwriting Expert who opined that the signatures on receipt PW.6/2 were not of Mr.Bakhtiar A. Khilji.

3. I have considered the submissions made by the learned counsel for the parties with care. I find that it is a case of opinion of an Expert against the opinion of another Handwriting Expert. The Handwriting Expert produced by the prosecution stated that the signatures on receipt Ex.PW.6/2 are not of Mr.Bakhtiar A. Khilji whereas the Handwriting Expert produced by the appellant /accused opined that the signatures on receipt Ex.PW.6/2 are of Mr.Bakhtiar A.Khilji; that the appellant produced receipt Ex.PW.6/2 which shows that Rs.65,200 were paid by him to Mr.Bakhtiar A.Khi1ji. In the peculiar circumstances of the case, I feel that the ultimate dismissal of the appeal may repair the wrong if any, by a mistaken relief of bail to the petitioner but no satisfactory reparation would be offered to him for his unjustified detention at any stage of the case albeit his acquittal in the long run.

For what has been said above, the execution of the sentence is suspended and the petitioner is allowed bail in the sum of Rs.30,000

with one surety in the like amount to the satisfaction of AC/Duty Magistrate, Saddar, Lahore.

S.G.D./Z-27/L Sentences suspended.

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