1988 P Cr (PLP)

(8) THEFT OF ELECTRICITY:

As already stated, his residential house is a double-storeyed building which contains at least 40 light points. 10 fans. 3 TVs. more than 3 radios, 3 electric irons, one refrigerator, one electric pumping set, grinding machines, and electric heaters etc. By tampering the Electric Meter, consumption of electric energy is recorded as Nil and a nominal amount of Rs.2 p.m. on account of energy charges is billed for by K.E.S.C. each month. This process is continuing from past several years, perhaps since the day of electrification of the house whereas Jalees has been stealing electricity not only for his own consumption but selling to his tenants from whom he has been realising Electric charges at exorbitant rates under pressure of threat. This stealing business has been flourishing obviously with the blessing of K.E.S.C. officials. The matter was reported to K.E.S.C. authorities six months back but since their officials are also involved in this anti-national crime, no action has so far been taken by them, nor they cared to apprise the position to the complainant despite several reminders and personal contacts. These facts would give idea as to how influential and resourceful Jalees is, that whatever complaint is submitted to departments concerned, Jalees gets suppressed because he is rich man now and wields much influence in various offices and in police department. Although, the letters addressed by me were marked 'SECRET' so that it may be possible. But instead of acting promptly and effectively, the K.E.S.C. authorities exposed us to the victimisation of the criminal Jalees who has been stealing electricity for the past several years. Since this type of theft of electricity by depriving the Government if its legitimate revenues is a serious matter and cannot be hushed up on one plea or other, it is necessary that a thorough investigation into the matter is conducted. I would request you to please investigate into the whole affair including the scrutiny of all the bills of the consumer from the date the electric connection was given and also the relevant record of Excise and Taxation Department and Income-tax Department in respect of the house as well as the landlord Mr. Jalees Ahmad Siddiqui, a K.M.C. Inspector and a Building Contractor. He has much influence on police and other offices that he gets support and suppresses any report and complaint submitted against him to authorities concerned. Since my report dated 16-12-1978 which was marked as 'SECRET' had been disclosed to Jalees at certain level, he has become mores furious and aggressive and he is now after me and my family members' life, honour and property. In consequence, I have locked my legal residence and have taken temporary shelter in my relation's house leaving behind all our belongings in the said residence. It is, therefore, solicited that the life, honour and property of myself and family members who are loyal and patriotic citizens who have tried to assist the Government in the eradication of crimes, may kindly be protected from Jalees and his Goonda associates, Jalees is planning to implicate us in more cases of criminal and civil nature as he has already entangled us in several fictitious and fabricated cases due to his being very influential and moneyed man. All correspondence in this regard may kindly be made to my brother-in-law's address given below, because the letters are received by Jalees and his family members and destroyed in our absence. Enclose:- Certificate, letters of 16-12-1978, January, 1, 4, 5, 14, D.W.23/1979, 19/1979, 25-3-1979, 2-7-1979 alongwith 8 E/bills. Total

17. Yours sincerely (Sd.) (Syed Muzaffar Hussain) Front portion, Ground Floor, A/269, Block J, North Nazimabad, Karachi." After recording the F.I.R. the case was investigated by Mr. Abid Raza, D.S.F. Anti-Corruption. He has produced the F.I.R. as Exh.14. The original complaint has been produced as Exh.4. on 30-8-1980 he recorded the statement of complainant Muzaffar Hussain. On 31-8-1980 he recorded statement of Syed Abdul Rafi and Elahi Bux Soomro. On 26-10-1980 he recorded statement of Sultan Mehmood On 17-10-1980 he recorded the statement accused Jalees Ahmad on 26-10-1980. He had secured the declaration of assets forms from K.M.C. which were filed by the accused under Mashirnama, and the Mashirnama has been produced as Exh.9. On 21-9-1981 he challaned the accused in the Court. The formal charge was framed against the appellant accused to which he pleaded not guilty. At the trial prosecution examined S. Muzaffer Hussain P.W.I. Sultan Mehmood Head Clerk Land Department P.W.-2, Syed Abdul Rafi a tenant of the accused P.W.-3. Elahi Bux Soomro Sub-Engineer P.W.D, Karachi P.W.-4, Abid Raza, D.S.P. Anti-Corruption who had investigated the case P.W.-5. P.W. Muzaffar Hussain has deposed that he knows the accused since 1973. The accused was Assistant Sub-Inspector K. M. C., Karachi in Land Department, and his grade was Rs.315 to Rs.600. The family of the accused consists of 11 members out of which 5 children were schoolgoing students. One of his children is studying in Ship owners College. While serving in K.M.C. the accused used to do private construction work. The accused had carried on construction work in Block-J, North Nazimabad on Plots Nos. A/147, A/225, A/1248, A/259, A/262 and A/423. He had applied through his Attorney Mr. Abdul Qudus Behari, to Director Land and Estate K.D.A. regarding the Copy of mutation of above plots to ascertain as to who had purchased and constructed. He received the reply which has been produced as Exh.3. The accused had constructed a double-storeyed house for himself on Plot No.A/269 Block S 'J', North Nazimabad in which he is residing. The approximate cost of building will be Rs.5 or 6 lacs. He is neighbour of the accused. The accused lives a very luxurious life. The accused owns Suzuki Van and Vespa Scooter. He also opened a carpentary workshop and also used to run a school with the name of Faryal J School which was closed before nationalization. The accused also used to have a Poultry farm which he had closed down, subsequently. The accused had sold constructed house on Plot No.A/262 to Mr. Sheikh, house constructed on Plot No.A/243 to Rana Abdul Haleem and house constructed or. Plot No.A/248 in Block-J to Mr. Mumtaz A. Khan. The accused served in K . M. C . upto 28th March, 1980 and was no more in service. He did not know L. the accused was removed from service or he had resigned. He had given application to the Martial Law Authorities and had also given application to K.M.C. Subsequently, he made an application to the Director Anti-Corruption Establishment Sind at Karachi. He has produced the said application as Exh.4. He had also made an application to the S.P. Anti-Corruption in the month of May, 1980 and to the Chairman, Anti-Corruption which he has produced as Exh.5. He had also made an application to the S . P . A . C . E . , Karachi which he has produced as Exh.6. The Anti-Corruption Police registered the case and called him and showed him the application which he admitted to be true and correct and bears his signature. His statement was also recorded. In the cross-examination he had deposed that he had verified only contents of application made by him on 8-7-1979. He has further deposed that he has shown in the application dated 8-7-1979 by way of annexures that the accused was having plots and other properties as stated by him above. He has admitted that Annexures produced by him do not relate to date 16-12-1976. He knows the accused as a Contractor, as Assistant Sub-Inspector in K.M.C. and as neighbour. He lives in House No.A/269 Block-J, North Nazimabad, at present he was residing in House No.376 opposite to House No.A/188 Block-S, North Nazimabad, Karachi. He knows S.A. Rafi, who is his brother-in-law. He has admitted that S.A. Rafi was not tenant of the accused. He further stated that he is still the tenant of accused. He further stated that S.A. Rafi is not presently living in the rented house of accused and he has been dispossessed forcibly on 1-7-1980. He has admitted that a police case was filed against him by the accused which was challaned in the Court of A.C.M.. North Nazimabad in which he was examined. He had not mentioned in his application regarding the grade of accused. He used to live alongwith S.A. Rafi in the rented house of the accused since 1973. The accused has involved them in many cases since 2/3 years. It was correct that proceedings under section 145, Cr.P.C. were filed against him in respect of House No.A/249 BJ in the Court of S.D.M., Nazimabad, Karachi. It was also correct that he has filed a case against the accused under section 342/452 with police which is pending in the Court of A.C.M. North Nazimabad, Karachi. It was a fact that he had filed a criminal case against the accused and his sons which is pending in the Court of S.D.M. Liaquatabad, and he did not remember if that case was filed under section 341/323, P.P.C. It was correct that he has filed a case under section 468/471/448/380, P.P.C: with the Police against the accused and his sons which is pending before VIIth Additional Sessions Judge, Karachi. It was correct to say that the dispute arose on 1-7-1980 over the possession of house occupied by the accused. He denied the suggestion that dispute arose on 1-7-1980 on vacation of house on taking Rs.10,

000. Volunterly stated that accused had taken forcible possession of the house by breaking opening the lock. His evidence was recorded in the Court of A.C.M.-II Karachi in which he had stated that he alongwith his brother were tenants of the accused in front portion of the house of the accused. He has admitted a suggestion that from 1973 to 1980 he remained in that house. He had given applications to the K.M.C. Officers between 1973 and 1980 regarding the living of the accused beyond known means. He had given application in the end of 1978 or beginning of 1979. He denied the suggestion that he had made an application to Anti-Corruption after 1st July, 1980, after he was dispossessed. He had not filed any civil case against the accused but accused had filed about a dozen of suits against him and his brother. He had denied suggestion that he had made an application against S.D.M. Rana due to which reference was made by S.D.M. to the Sessions Judge on which the case was transferred from his Court. He voluntarily stated the case was transferred suo motu on account of the misbehaviour of the Advocate of the accused. He had also given application against defence counsel Mr. Syed Zia to the Bar Council, Bar Association and District Magistrate West, Karachi. He did not remember the number of Suzuki Van of accused. He denied a suggestion that neither he was nor he is the neighbour of the accused. He denied a suggestion that his sister's husband had taken Rs.10,000 from the accused for vacating the house and that he had also demanded Rs.25,000 from the accused for the said purpose as both lived together. Sultan Mehmood P.W.2 has deposed that he was Head Clerk in Land Estate Department in K.M.C. He knew accused Haji Jalees Ahmad. The accused was first appointed as Clerk in K.M.C. in Grade-5 in the scale of Rs.290 per month. In the year 1979 the accused was promoted as Inspector in Grade-6 in the sale of Rs.315 per month. On 2G-3-1979 the accused resigned from the Job. On 26-10-1980 D.S.P. Abid Raza came to their office and demanded the annual assessment declaration form of accused, he verified the record and was able to secure only one declaration form for the year 1973 and the same has been produced by him as Exh.8. There is no permission available on the record to show that the accused obtained any prior permission for the purchase of plot and to construct building over that plot from the department. After verifying the personal file of the accused he stated that the accused was promoted an Inspector in Grade-6 on 27-7-1977. He had supplied the photostat copy of the declaration form to Abid Raza D.S.P. who had prepared a Mashirnama for securing the same and he acted as Mashir. The Mashirnama has been produced as Exh.9. In cross-examination he had deposed that the file brought by him relates to the period of service of the accused in the Land Department only. He has admitted a suggestion that the declaration form Exh.8 shows that it is for the year 1978 upto 31-3-1978. The record does not show as to from which date this declaration form relates. There was one allegation against the accused that he had unlawfully occupied the K.M.C. land and constructed houses and shops and that he also allowed other persons to unauthorizedly occupy the KMC lands and to construct the shops on land from whom he was getting monthly payments. On this allegation the accused was transferred from the Land Department from that area. He further stated that the order for transfer was passed but it was not materialised. Syed Abdul Rafi P.W.3 has deposed that he knows the accused since 1973. He owns a house situated on Plot No. 269-A, Block-J, North Nazimabad, Karachi which is a double-storeyed house. Ground floor consists of 5 rooms whereas the first floor consists of 4/5 rooms. The house was constructed before 1973. In the year 1973 he took three front rooms of the ground floor on rent from the accused. The market value of the house of the accused would be about Rs.3 Lacs. The accused have 6-7 children. The accused owned a Poultry Farm and Grocery. Formerly he was running a school in this building by name Faryal School but after nationalization he closed the school. The accused was also doing construction work during his service in K.M.C. He used to build houses in 'J' Block and then used to sell those houses to other persons. The standard of living of the accused was beyond known means. In cross-examination he has deposed that there were two portions in the ground floor of the house of the accused. The remaining two rooms of the ground floor were occupied by the different persons such as Mr. H.Z. Hyder and after him by Mr. Attaur Rehman the Telephone Officer. Thereafter, those two moms were used as Carpentary shops. The accused was residing at upper storey of his house. He denied a suggestion when he was occupying three rooms on the ground floor there was no upper storey constructed and that accused Haji Jalees Ahmad was residing on the ground floor in remaining two rooms. The upper storey of the house was partly constructed prior to he became tenant of the accused and the remaining portion during his tenantshipment during the years 1976 to 1978. He was tenant of the accused. The accused was annoyed with him as he had made a wrong statement before the Inspector of Excise and Taxation that he was relation of the accused and was living free of rent which statement was denied by him before the Inspector. He has also told the accused not to commit fraud with the Government by showing the consumption of electricity of the entire house at Rs.2 per month. In all two dozen cases have been filed against the accused by them. Muzaffar Hussain is his brother-in-law. He personally had not lodged the F.I.R. against the accused. Muzaffar Hussain lived with him from very start of the tenancy. He admitted that the accused had filed ejectment suit against him. He also admitted that' there are various cases filed by Muzaffar Hussain against the accused in different Courts. He had not lodged any F.I.R. with the Police regarding his forcible ejectment by the accused although he had made certain applications to the various authorities. Voluntarily deposed that he being an old man and posted at Pipri, the F.I.R. was lodged by. Muzaffar Hussain his brother-in-law. He has been attending the Courts in the above-mentioned cases because he has retired from the service from 1-9-1980. He did not remember if he had stated before the police regarding possession of Poultry Farm, Grocery shop, Faryal School and construction work done by accused so also the fact that accused was living beyond his means and was disposing of various properties. Ellahi Bux Soomro P.W.4 had deposed that in the year 1980 he was working as Sub-Engineer, Sub-Division No.III Building Karachi in P.W.D. Department. He was deputed by XEN to asses the value of House No.A/269, Block 'J', North Nazimabad, Karachi on the request of Anti-Corruption Department. On 16-6-1980 he had accompanied D.S.P. Anti-Corruption to the above house. Accused Haji Jalees Ahmad was present in the house. He made enquiries from the accused about the dates of the completion of ground floor and first floor. The ground floor was said to have been completed in the year 1963 whereas the first floor in the year 1970. After taking measurement and the prevalent rates per square foot and making necessary inspection he came to the conclusion that cost of both the floors would come to Rs.50,000 excluding the cost of the plot. He prepared such detailed report which he has produced as Exh.12. In cross-examination he has deposed that the accused did not show him any proof to show that the two floors were completed on those relevant dates. He had shown the rates per square foot but they are fluctuating looking to the condition of the building. He had taken only the measurements of the constructed portion of the plot and had not taken the measurement of the whole building. He has admitted a suggestion that in the year 1963 the price of the cement per bag was Rs.4/10 Annas. He has admitted that the labour rate in the year 1963 was Rs.4 to 5 per day. He has denied a suggestion that he has given wrong year of completion of first floor as 1970. The rate of cement per bag was Rs.6 and wages of the labour per day was Rs.6. He has admitted that the assessment of the two floors should be on these rates. Abid Raza P.W.5 was D.S.P. Anti-Corruption on 2-8-1980 and had incorporated the report sent by Muzaffar Hussain in 154, Cr.P.C. book under the directions from Director Anti-Corruption. He has produced F.I.R. as. Exh.14. The particulars of the investigation carried on by him. have been mentioned in the earlier part of this judgment. In cross-examination he has admitted that the complainant in his complaint dated 8th July, 1979 which is the basis of this case has made reference of a report dated 16-12-1978 and requested to save his life and honour and that of his family. He has admitted that the declaration form obtained by him from the K.M.C. shows that the purchase value of the plot was Rs.3,200 and construction Rs.10,

000. He did not find out from the K.D.A. about the date of completion of ground floor and first floor. He had recorded the statement of accused twice and same was the case of most of the witnesses. First they were examined during enquiry and then during investigation. In a question suggested to him he stated that the accused did not state before him during investigation if the house in question was mortgaged with House Building Finance Corporation. The accused did not produce any. document before him during the investigation. P.W. Syed Abdul Rafi had stated before him that accused Haji Jalees Ahmad had forcibly ejected him from his house. P.W. Muzaffar Hussain had not stated before him about Faryal School and other plots owned and sold by the accused. He had also not stated before him in his further statement about household articles of the accused. The complainant had sent the enclosures alongwith his application viz. Letters dated 16-12-1978, January, 1, 4, 3, 14, D.W.23/79, 1979 and 25-3-1979, 2-7-1979 alongwith 8 electricity bills. He did not know if the complainant had also complained against him. He denied a suggestion that he registered this case due to the pressure of the complainant. After the close of prosecution case the statement of the accused was recorded under section 342, Cr.P.C. in which he denied the allegations and has further stated that he did not possess Suzuki Van but he did possess Scooter which was subsequently sold by him during this litigation. With regard to Faryal School he stated that the name of his daughter is Faryal and his wife has been imparting tuition to the students in that name and she still imparts tuition in that name. He has further deposed that in the year 1966 he had purchased an open Plot No.A/269 for Rs.3,

200. In 1969 it was mutated in his name. He had two houses bearing Nos.10 and 11 in his name in Ali Garh Colony which he sold and had also taken loan of Rs.5,000 from the Bank. He had actually spent Rs.10,000 on the construction of the house. He has further stated that the complainant and P.W. S.A. Rafi are brothers-in-law inter se. They were his tenants and he wanted them to vacate the house. In fact the tenancy was in the name of S.A. Rafi who is brother-in-law of the complainant and S.A. Rafi had allowed the complainant to live with him. The complainant has filed five different cases against him to extort money from him. Similarly he made applications against him in 10 different departments. He purchased the above plot for Rs.3,200 by agreement on 22-10-1966. He has produced the photostat copy of agreement as Exh.16. He has also produced mutation letter Exh.17. He has also produced certificate regarding completion of construction of ground floor dated 15-6-1978 as Exh.18. He has produced the approval plan for the first floor dated 8-11-1979 as Exh.19. He had resigned from service and was relieved on 20-3-1979. During the service he had been very honest and hard worker. He has produced the certificates. He had sold his Plots Nos.10 and 11 and has produced the documents as Exhs.23/24 and 22 and documents regarding loan. However, he did not examine any witness in his defence. I have heard Mr. Azizullah K. Shaikh, learned counsel appearing for the appellant and Mr. Zaheer Qureshi, learned counsel appearing for the State, and have also gone through the R&P of the case. It was contended by Mr. Azizullah K. Shaikh that there was no provision in the K. M. C. Laws which requires obtaining of permission for purchase of property and that this question was not put to the appellant while recording his statement under section 342, Cr.P.C. and therefore, it could not be used against the appellant. That the documents produced by accused show that the ground floor was constructed in 1967 while the upper storey was constructed after 1979. It was by the appellant was correct and the rules quoted by the State counsel do not apply to the servants of K.M.C. Mr. Zaheer Qureshi learned counsel appearing for the State has contended that the family of the appellant consisted of 11 members and that apart from their education and maintenance the appellant spent Rs.5 to 6 lacs over the construction of the house when the appellant was getting a meagre pay of Rs.290 and then Rs.315. That the declaration form Exh. '7' shows only one plot and Motor Cycle which on the face of it was incorrect P.W. Illahi Bux who had estimated the cost of construction to be Rs.50,000 was an independent witness and had no reason to give false evidence. The appellant had made extra-judicial confession about the construction before P.W. Illahi Bux that the construction took place in the year 1970. That P. W. Illahi Bux was corroborated by the complainant and P.W. Rafi. With regard to documents he has contended that the documents were unreliable, they did not come from proper custody and were not properly proved. Agreement Exh.23 was produced by the appellant himself although it was expected to be with the purchaser, while Exh.24 only shows that he had taken loan on 11-3-1969. He has also relied on Rule 11(a) of. Government Servants Conduct Rules 1964, and contended that sanction for construction was necessary. I have considered the contentions of the learned counsel and have also gone through the R & P of the case. P.W. Sultan Mehmood who was employed as Head Clerk Land Department K.M.C. had deposed in his evidence that there is no permission available on the record to show that the accused obtained any prior permission for the purchase of plot and to construct building over that plot from the department. In cross-examination he has admitted that the file brought by him relates to the period of the service of the accused in the Land Department only. No other witness from any other department of K.M.C. has been produced by the prosecution to prove that the accused did not obtain any permission for the purchase of the plot in question. Even no such question was put to the appellant in 342, Cr.P.C. statement. I, therefore, agree with Mr. Azizullah K. Sheikh Advocate that this piece of evidence could not be relied upon and could not be used against the appellant. In view of the above legal position it is necessary to consider the question of applicability of rule 11(a) of Government Servants Conduct Rules, 1964. As far as the second allegation regarding living beyond means and the construction of double storey house on Plot No. A /269, Block 'J', North Nazimabad, Karachi was concerned there is overwhelming evidence to show that the appellant had constructed a double storey house and that he had dishonestly shown wrong price of the above house as Rs.10,000 in the declaration form. Firstly there is evidence of Illahi Bux P.W.4 who was Sub-Engineer Sub-Division No.II Building Karachi in the year 1980. According to him, he had made enquiries from the accused about the dates of the completion of the ground floor and first floor. That he was told by the accused that the ground floor was completed in 1963 while the first floor was completed in the year 1970. After taking measurements and the prevalent rates per square foot and after making necessary inspection he came to the conclusion that the cost of both the floors would come to Rs.50,000 excluding the cost of the plot. He has produced the report as Exh.12. His evidence is fully supported by the contents of his report which gives the details including the years of completion and the value of the building as Rs.49,267.25. A question was suggested to him that he has given a wrong year of completion of first floor as 1970 and that it was actually completed in the year 1979 but the suggestion was denied by the witness. Even the report which was prepared immediately at the time of inspection of premises shows that the first floor was completed in the year 1970. Since the witness was not giving evidence from his memory only but the report which was prepared there at the site also shows that the first floor was constructed in the year 1970. Even the accused has not denied the construction of the first floor but there is only a difference of a year as to when the first floor was constructed. P.W. Elahi Bux was an independent person and he had no animosity with the appellant and had no reason to give false evidence. PW Elahi Bux is further corroborated by P.Ws. S. Muzaffar Hussain and Syed Abdul Rafi. Agreement produced by the appellant as Exh.16 shows that there was an earlier agreement made between the appellant and Mr. Mohammad Yasin on 3-12-1983 with regard to purchase of the plot on which house was constructed and the agreement which has been produced in the Court does not show as to why the second agreement was executed. Letter dated 15-6-1978 which has been produced as Exh.18 shows that the construction on Plot No. A /269 Block 'J' has been actually completed since November, 1970 but it does not show whether it was in respect of the ground floor or the first floor. As far as the letter Exh.19 from Deputy Director Architect, Karachi Development Authority is concerned there are overwritings on the date and it has not been proved through some employee of the K.D.A. office that this letter was actually issued from the office including the plan. The letter Exh.20 dated 18-3-1979 shows that Mr. Jalees Ahmad Siddiqui had left his job of his own accord, and letter Exh.22 shows that his resignation was accepted on 20-3-1979. The agreement Exh.23 shows that the appellant had sold Plot No.10 Ali Ghar Colony, Manghopir, Karachi for Rs.4,000 on 28th June, 1969. The letter Exh.24 shows that Rs.6,700 were outstanding against the appellant in the year 1980 as loan but it does not show as to when loan was taken. The letter dated 6th March, 1969 shows that the appellant had taken Rs.5,000 as loan from the House Building Finance Corporation but it does not show whether this loan was taken for construction of first floor or the ground floor. Letter dated 29-9-1972 shows the dues outstanding against the appellant and he was called upon to pay the same. The copy of ledger produced by the accused only shows as to when he repaid the amount to the House Building Finance Corporation. Lastly Certificate Exh.26 shows that Kamran son of appellant Jalees` Ahmad Siddiqui was getting education in Government Boys Secondary School No.1 Jacoblines, Karachi. From the above discussion it is clear that the prosecution has proved that the appellant had constructed a double-storied building and its approximate value was Rs.50,

000. That the accused did not declare the same in his declaration form. The accused has not produced any document to show that he had spent only Rs.10,000 over the construction of the above building. Therefore, the learned trial Judge was right in observing that it was proved from the expert's evidence and the measurements taken by him together with the cost of construction per square foot that the cost of the construction of building in question was Rs.50,

000. If the stand of accused was accepted that it was constructed in 1979, yet he had resigned in March, 1979 and therefore, the amount which he spent on construction was the amount which he must have earned as an employee of K.M.C. as he -had resigned on 20th March, 1979. That the cost of construction had gone up after 1977 and therefore in the year 1979 the cost of construction would have been 2 to 3 times more than the one estimated by P.W. Elahi Bux. I, therefore, do not find any merit in this appeal and the same is accordingly dismissed. However, since this case started in the year 1980, the appellant has left the service, and had remained in Jail after conviction for 12/13 days and therefore I reduce his substantive sentence from six months to one already undergone. However, the sentence of fine of Rs.2,000 and in default to suffer R.I. for one month is maintained. The appellant shall deposit the amount of fine within 15 days and in case of default the learned trial Judge shall issue warrant of arrest against him so that he should undergo the remaining period of sentence. M.Y.H./J-39/K Appeal dismissed.