Reduction of sentence under Section 409 PPC from 10 years to 05 years.

27. We have also gone through another judgment of apex Court reported as 2020 SCMR 1063 (Allah Raka vs. The State), whereby a Civil Nazir of Senior Civil Judge Sialkot was found involved in misappropriation of various amounts deposited under different heads and was convicted for his criminal misconduct by the Special Judge Anti-Corruption (Provincial) Gujranwala, as such, the counsel for said accused had prayed for reduction of sentence under Section 409 PPC from 10 years to 05 years. The apex Court while considering the request held as under: 2. We have thoughtfully considered the alternate submission. The petitioner has been facing the consequences of his misconduct since the year 2015; he deposited back a sum of Rs.700,000/- and failed to clear the remainder liability on account of his obvious financial incapacity; he has been dismissed from the service. The learned trial Judge considered a period of five years as appropriate sentence on coordinate charges, however, awarded maximum sentence provided for an offence under section 409 of the Code ibid. Although the petitioner being a part of system of administration of justice was certainly under a heavier onus to maintain highest standard of integrity and rectitude, nonetheless, his indiscretion has not brought him anything other than an abiding stigma and loss of post retirement comforts, therefore, in the above backdrop, reduction of sentence recorded on the said count to five years' RI would be a wage, conscionable in circumstances. The petition is dismissed, however, the sentence is accordingly reduced to run concurrently with coordinate charges, pre-trial period inclusive.   

Part of judgment 

IN THE ISLAMABAD HIGH COURT, ISLAMABAD (JUDICIAL DEPARTMENT)

Rashid Minhas VS NAB

Criminal Appeal-196-2018 | -

Before:
Honourable Mr. Justice Fiaz Ahmad Anjum Jandran, Honourable Mr. Justice Mohsin Akhtar Kayani

Author:
Honourable Mr. Justice Mohsin Akhtar Kayani