IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.120 of 2020 
(Against judgment dated 18.11.2019 passed by the 
Lahore 
High 
Court 
Lahore 
in 
Cr. 
Appeal  
No.219286/2018)  
 
Allah Rakha 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State through P.G. Punjab & another   
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. M. Shahzad Siddiqui, ASC 
 
Syed Rifaqat Hussain Shah, AOR 
 
 
 
 
For the State: 
N.R. 
 
Date of hearing: 
07.05.2020. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Petitioner was 
detached as Civil Nazir with the learned Senior Civil Judge Sialkot; 
during routine audit, he was found to have misappropriated various 
amounts deposited under different heads, calculated as Rs.36,00,000/; 
confronted with his misconduct, he deposited back a sum of 
Rs.7,00,000/-, with undertaking to clear the remainder of liability,  
a commitment that remained unfulfilled. After preliminary inquiry,  
he was sent to face trial before the learned Special Judge Anti-
Corruption (Provincial) Gujranwala; vide judgment dated 16.5.2018, he 
was returned a guilty verdict, in consequence whereof, he was 
convicted and sentenced as below:- 
“Under section 409 PPC, 
10-years RI with fine of 
Rs.5,00,000/- 
Under section 420 PPC, 
5-years RI with fine of 
Rs.5,00,000/- 
Under section 468 PPC, 
5-years RI with fine of 
Rs.5,00,000/- 
Under section 471 PPC, 
5-years RI with fine of 
Rs.5,00,000/- 
Under section 5(2)C PCA, 5-years RI with fine of 
Rs.5,00,000/- 
 
 
 
 
 
In case of default of payment of fine, he shall further 
 
 
undergo six  months SI for each offence; sentences 
 
 
shall run concurrently with benefit of section 382-B 
 
 
Cr.P.C..” 
 
Criminal Petition No.120 of 2020 
2
Petitioner’s appeal met with no better fate in the High Court vide 
impugned judgment dated 18.11.2019, vires whereof, have been 
assailed on a variety of grounds, however, upon reconsideration, the 
learned counsel has prayed for reduction of sentence recorded under 
section 409 of the Pakistan Penal Code, 1860 from ten years to five 
years, a quantum equivalent to coordinate charges.  
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.    
 
 
 
Judge 
 
 
 
 
Judge 
Islamabad, the 
7th May, 2020 
Not approved for reporting 
Azmat/- 
