AHMAD DIN Versus STATE
1. This appeal is directed against the judgment, dated 8-7-1992 of the Special Judge Anti-Corruption, Gujranwala Camp at Sialkot convicting Ahmad Din appellant alongwith his co-accused Abdur Razzaq under section 468/34, P.P.C. The appellant was sentenced to two years' R.I. with a fine of Rs.10,000 or in default of payment of fine he was to undergo further R.I. for 6 months. Co-accused Abdur Razzaq was sentenced to 6 months' R.I. with a fine of Rs.5,000 or in default to further undergo three months' R.I. Ahmad Din appellant was also convicted under section 471. P.P.C. and was sentenced to 2 years' R.I. with a fine of Rs.10,000 or in default to further undergo 6 months' R.I. Co-accused Arif was acquitted of all the charges while Iqbal Patwari died during the course of proceedings. Both the sentences of the appellant were ordered to run concurrently.
2. The prosecution case in brief is that an enquiry was conducted by Muhammad Saleem (P.W.6) A.C., Mandi Bahauddin into an allegation for the fraudulent allotment of land measuring 463 Kanals 17 Marlas to the appellant.
3. Mutation No.2501 Exh.P.E. was recorded by Muhammad Iqbal Patwari co-accused who did not disclose that the appellant was not a temporary allottee in the Mauza and was getting allotment in excess of his entitlement. This mutation was alleged to have been attested by Sheh7ada Muhammad Zia P.W.7 the then Consolidation Officer on 18-11-1981. Muhammad Iqbal Patwari co-accused since died not only entered the mutation but also issued Fard to the appellant on 21-4-1982 facilitating the transfer of the land to one Mubarak Abdullah through registered sale-deed on 28-4-1982 for a consideration of Rs.1,50,000. Mutation bearing No.2538 Exh.P.F. was recorded to this effect. The enquiry report revealed that Mutation No.2501 was rejected on 18-11-1981 as reflected from Part Sarkar but the same was shown to have been attested in Part Patwar. Co-accused Abdur Razzaq Girdawar verified the entries in the mutation. There was also an allegation that the appellant allegedly deposited an amount of Rs.4,640 at the rate of Rs.10 per unit through Challan No.15 but it was revealed in the enquiry that the same was not deposited. On the basis of this enquiry report conducted by the P.W.6 Muhammad Saleem A.C., Mandi Bahauddin F.I.R. Exh.P.H./1 was recorded on 5-1-1983 at Police Station Mandi Bahauddin under section 409/420/468/ 471, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947.
4. It is argued by the learned counsel that the appellant has been implicated in this case in a mala fide manner out of enmity. He was not associated in the alleged enquiry on the basis of which the present case was registered. He has further stated that the appellant has been made a scapegoat just to save the skin of Tehsildar Shehzada Muhammad Zia who attested the mutation on 18-11-1981 and subsequently gave a belated note on 23-8-1982 eight months after the attestation on Part Patwar to the effect that the sanction of mutation was inadvertently written. However, after arguing the case for some time the learned counsel has stated that he would not challenge the conviction but would pray that the appellant be sentenced to the period already undergone by him, in the facts of the present case.
5. I have heard the learned counsel for the appellant as well as learned State counsel. I have noticed that in this case F.I.R. was registered as far back as on 5-1-1983. The appellant was arrested on 31-1-1983 and was bailed out on 11-6-1983 after a period of about 6 months. He has also served out about 8 months of substantive part of his sentence. In this view of the matter, I am of the view that the ends of justice would be met if the appellant is sentenced to the period already undergone by him. Accordingly the appeal is dismissed with a modification in sentence that the period already undergone by him would be sufficient to meet the ends of justice. He shall be released forthwith if not required in any other case, however, his sentence of fine on both counts is maintained.
6. N.H.Q./A-382/L ????????????????????????????????????????????????????????????????????????????????? Sentence reduced.