Misappropriation of money

Accused was the Collecting Officer of the Market Committee and collected money in the shape of market committee fee on agricultural produce

Accused was alleged to have misappropriated an amount of Rs. 4.2 million with the collaboration and in connivance with his supervising officer/co-accused

Accountability Court sentenced both the accused and co-accused to 5 years' imprisonment with a fine of Rs. 2.1 million each

Validity

Both the Trial Court and the Appellate Court had recorded concurrent findings about the guilt of the accused and co-accused in a conclusive manner based on fair and proper appraisal of evidence

Besides at time of granting leave to appeal to the accused and co-accused by the Supreme Court, their conviction was not challenged but request was made to grant leave to consider the reduction of their sentences

Accused and co-accused had openly misappropriated public money having little regard for the law and the trust reposed in them

Supreme Court maintained the sentence and fine awarded to accused and co-accused by Accountability Court and observed that courts had to apply strict standards and show zero tolerance for corruption and people involved in such type of crimes, and those whose guilt was well established should get the maximum sentence and no mercy should be shown to them

Appeal was dismissed accordingly.

Role of the accused as to whether he was a beneficiary of the misappropriation required recording of independent evidence

Mere fact that co-accused had been acquitted may not be a sufficient ground for granting bail to accused but it had made a dent in the prosecution case requiring further inquiry into guilt of accused

Petition for cancellation of bail was dismissed accordingly.