HIGH COURT OF SINDH AT KARACHI

 

  Present

  Mr. Justice Naimatullah Phulpoto

  Mr. Justice Aftab Ahmed Gorar

                                               

 

Criminal Accountability Appeal No. 03 of 2005

 

For hearing of Case.

Date of hearing 02nd March, 2016.

 

Appellant Ashfaq Ahmed Baloch through Mr. Muhammad Farooq, Advocate.

Respondent No.1, NAB through Mr. Muhammad Altaf, ADPG, NAB.

 

JUDGMENT

                                               

NAIMATULLAH PHULPOTO, J.—Appellant/accused Ashfaq Ahmed Baloch son of Ellahi Buksh was tried by learned Accountability Court No. IVth, Sindh at Karachi in Reference No. 16 of 2012. After full-dressed trial, learned trial Court vide judgment dated: 01.03.2005 arrived at conclusion that prosecution has proved it’s case against accused Ashfaq Ahmed Baloch and convicted him under Section 10(a) of National Accountability Ordinance, 1999 and sentenced to suffer R.I for three years and to pay a fine of Rs. 3,00,000/-  (Three Hundred Thousands). In case of default in payment of fine, accused was ordered to suffer R.I. for three months more. Benefit of section 382(b) Cr.P.C. was extended to him. However, it was ordered that accused shall be disqualified in terms of Section 15 of National Accountability Ordinance, 1999 for the period of Ten years. Point No. 10 of judgment is reproduced as under:-

         

“In view of my findings and reasons given on points No. 6 to 9, I hold that prosecution has been able to prove charge framed against accused Asfaq Ahmed Baloch as such, he is liable to be convicted for having committed offence of corruption and corrupt practice as defined under Section 9(a)(vi) of N.A. Ordinance 1999 punishable under Section 10 (a) of said Ordinance. I, therefore, convict accused Ashfaq Ahmed Baloch and sentence him to unergo R.I. for 3 years and to pay fine of Rs. 3,00,000/-. In case of default in payment of fine, accused shall suffer R.I. for 3 months more. The accused shall be entitled to the benefit of Section 382(b) Cr.P.C. He shall stand disqualified in terms of Section 15 of N.A. Ordinance 1999 for a period of ten years to be reckoned from the date of release after serving out sentence awarded to him and also from seeking or from being elected, chosen, appointed or nominated as a member or representative of any public body or any statutory or local authority or in service of Pakistan or any Province and also he shall not be allowed to obtain any financial facility in the form of loan or advances from any financial institutions controlled by government for the period of ten years. Accused Ashfaq Ahmed Baloch is present in custody, he is remanded back with conviction warrants to Central Prison, Karachi, to serve out the sentence awarded.”

 

          Appellant challenged conviction and sentence awarded to him by learned Accountability Court by filing the aforesaid appeal.

 

            Mr. Muhammad Farooq, learned advocate for the appellant Ashfaq Ahmed Baloch on the last date of hearing pointed out that appellant has been released after undergoing the sentence awarded to him and requested for calling for Jail Roll. Jail Roll has been received from the Senior Superintendent Central Prison, Karachi dated 24.02.2016. Jail Roll shows that accused Ashfaq Ahmed Baloch son of Ellahi Bux after conviction was sent to Central Prison, Karachi on 01.06.2002 in Reference No. 16 of 2002, under Section 9 (a) (iv) of NAB Ordinance. Sentence served including the remission has been shown three years, four months and twenty two days, un-expired of Sentence Nil.

         

          Mr. Muhammad Farooq, learned advocate for the appellant submits that calculation of sentence reflects that after undergoing the substantive sentence appellant has also served R.I. for three months more in default of payment of fine. He has further submitted that appellant is not required under the law to pay the fine, as held by Hon’ble Supreme Court in the case of Jamshaid Gulzar Versus Federation of Pakistan reported in 2014 SCMR 1504 and by learned Division Bench of this Court in C.P. No. D-1856 of 2015 dated 21.08.2015.

 

Learned Special Prosecutor NAB could not controvert above factual and legal position.  

 

Since appeal has not been pressed on merits, as the appellant has already undergone the sentence, as is evident from Jail Roll. Mr. Muhammad Farooq, advocate, further argued that appellant has also undergone three months R.I in lieu of default in payment of fine. We have perused evidence and finding of trial court and hold that conviction recorded by learned trial Court is based on the sound reasons and it is maintained. Appeal is accordingly disposed of.

 

 

                                                                                      JUDGE

                                               

 

JUDGE

 

 

Faheem/PA