1987 PLP 1415 (SCMR)
SULTAN KHAN‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1987 PLP 1415 (SCMR) |
| Forum / Court | ‑‑‑S. 409‑‑Prevention of Corruption Act (II of 1947), S. 5(2)‑ Constitution of Pakistan (1973), Art. 185(3)‑‑Leave to appeal, grant of‑‑Propriety of reduction in sentence‑‑Petition against reduction of sentence‑‑Misappropriation‑‑Respondent convicted by trial Court and sentenced to four years rigorous imprisonment and fine of Rs.4,500‑ High Court upheld conviction but reduced sentence to that already undergone and fine to Rs.2,000‑‑After condoning delay in filing petition, leave to appeal granted to consider whether reasons recorded by High Court for reducing sentence so drastically were proper and cogent.‑‑Sentence. |
| Bench Members | Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | SULTAN KHAN‑‑Petitioner Versus THE STATE‑‑Respondent |
Q1: What are the key laws and sections cited in 1987 PLP 1415 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1415 (SCMR)?
The case was heard and decided by the ‑‑‑S. 409‑‑Prevention of Corruption Act (II of 1947), S. 5(2)‑ Constitution of Pakistan (1973), Art. 185(3)‑‑Leave to appeal, grant of‑‑Propriety of reduction in sentence‑‑Petition against reduction of sentence‑‑Misappropriation‑‑Respondent convicted by trial Court and sentenced to four years rigorous imprisonment and fine of Rs.4,500‑ High Court upheld conviction but reduced sentence to that already undergone and fine to Rs.2,000‑‑After condoning delay in filing petition, leave to appeal granted to consider whether reasons recorded by High Court for reducing sentence so drastically were proper and cogent.‑‑Sentence. bench comprising: Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1415 (SCMR) (SULTAN KHAN‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ijaz Ali, Advocate‑on‑Record for Petitioner (in Crl. PSLA No.222 of 1983).
- Nemo for Respondent (in Criminal Petition for Special Leave to Appeal No. 187 of 1986).
- Date of hearing: 1st June, 1987.
Headnotes / Summary
(Against the judgment of the Lahore High Court, Multan Bench, dated 28‑3‑1983 passed in Criminal Appeal No. 843 of 1978) (a) Penal Code (XLV of 1860)‑‑ ‑‑‑S. 409‑‑Prevention of Corruption Act (II of 1947), S. 5(2)‑ Constitution of Pakistan (1973), Art. 185(3)‑‑Leave to appeal, grant of‑‑Propriety of High Court's order‑‑Petitioner convicted by trial Court on charges of misappropriation, sentenced to 4 years rigorous imprisonment and fine of Rs.4,500‑‑High Court upheld conviction and reduced sentence to that already undergone and fine of Rs.2,000‑ Leave to appeal granted to consider whether High Court was justified in upholding conviction. (b) Penal Code (XLV of 1860)‑‑ ‑‑‑S. 409‑‑Prevention of Corruption Act (II of 1947), S. 5(2)‑ Constitution of Pakistan (1973), Art. 185(3)‑‑Leave to appeal, grant of‑‑Propriety of reduction in sentence‑‑Petition against reduction of sentence‑‑Misappropriation‑‑Respondent convicted by trial Court and sentenced to four years rigorous imprisonment and fine of Rs.4,500‑ High Court upheld conviction but reduced sentence to that already undergone and fine to Rs.2,000‑‑After condoning delay in filing petition, leave to appeal granted to consider whether reasons recorded by High Court for reducing sentence so drastically were proper and cogent.‑‑[Sentence]. S.M. Zubair, A.A.‑G. for the State (in Criminal Petition for Special Leave to Appeals Nos. 222 of 1983 and 187 of 1986).
Judgment & Decree
ASLAM RIAZ HUSSAIN, J.‑‑ This order will dispose of (i) Crl. PSLA No.222/83 and (ii) Cr. PSLA No.187/86 as they are directed against the same judgment of the Lahore High Court dated 28‑3‑1983.
2. Facts giving rise to these petitions are briefly that at the relevant time Sultan Khan (Petitioner in Crl. PSLA No.222/83) was working as Food Inspector in the Foodgrain Department, Shuja Abad. It was reported that he alongwith Abdul Naeem, Food Supervisor, had misappropriated considerable quantity of wheat and sugar from the Shujabad godown of which was incharge. The stocks were checked by Malik Haq Nawaz, District Food Controller, Multan and it was detected that there was a shortage of 1109 maunds and 6 seers of wheat, the value whereof was found to be Rs.22,
000. The petitioner was tried and convicted by the Special Judge, Anti‑Corruption under section, 409, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947, for which he was sentenced to 4 years R.I. and a fine of Rs.4,500 (or 6 months in default of payment of fine).
3. He filed an appeal before the High Court which maintained his conviction but reduced his sentence of imprisonment to that already undergone by him. It also reduced the sentence of fine to Rs.2,000 only. Reasons for maintaining his conviction are contained paragraph 12 and the reasons for reducing sentence so drastically are recorded in paragraph No.13 of the impugned judgment.
4. Sultan Khan petitioner has filed Crl. PSLA No.222/83 against his conviction seeking complete acquittal whereas the State has filed Crl. PSLA No.187/86 for enhancement of his sentence.
5. After going through the relevant portions of the impugned judgment we grant leave in Crl. PSLA No.222/83 to consider whether the High Court was justified in upholding the conviction of Sultan Khan under section 409, P.P.C. read with section 5 (2) of the Prevention of Corruption Act, 1947.
6. After condoning the delay in filing Crl. P.S.L.A. No.187/86, we also grant leave in this case to consider as to whether the reasons recorded by the learned High Court for reducing the sentences of Sultan Khan respondent in that petition so drastically, were proper and cogent?
7. Both the appeals shall be heard together by this Bench on the 7th of June, 1987 so as to avoid further delay in their disposal. M.I/S‑41/S. Leave granted.