MAQBOOL AHMAD Versus THE STATE Hafiz Tariq Naseem , Bashir Baig

This criminal appeal arises from the judgment of the learned Special Judge Anti‑Corruption, Punjab, Lahore whereby he on 22‑4‑1979 convicted Maqbool Ahmad appellant under section 409, P.P.C. read with section 5 of the Prevention of Corruption Act, 1947 and sentenced him to three years' R.I. and a fine of Rs.40,000 in default thereof two years' R.I.

2. The learned counsel has not challenged the conviction and rightly so because there is ample oral and documentary evidence to connect the appellant with the commission of the crime. Furthermore, the appellant did not care to cross‑examine the prosecution witnesses who had deposed against him. The learned counsel has requested for leniency in the matter of sentence. In the circumstances of the case that the appellant is now of 56 years in age; that he has lost his service and that he has suffered agony of protracted trial, I am of the view that it would not be proper to send him back to jail after five years of his conviction. The sentence of imprisonment of three years' R.I. is, therefore, altered to a fine of Rs.20,000, in default thereof he would undergo R.I. for two years. The fine of Rs.40,000 and sentence in default thereof already awarded by the trial Court is maintained. Resultantly, the appellant shall deposit in the trial Court Rs.60,000 (Sixty thousand) within three months, failing which the trial Court shall issue warrant for his arrest and detention.

S.G.D Sentence altered.