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RIAZ HUSSAIN KALHORO vs State Ss — 2022 YLRN 47 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 47 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
RIAZ HUSSAIN KALHORO vs State Ss
Subject matter
Criminal
Provisions referred to
S. 32; National Accountability Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RIAZ HUSSAIN KALHORO VS State Ss. 9(a), 15(a), 25(b) & 32---Plea bargain---Appeal---Limitation---Amount not deposited by accused---Effect---Accused was aggrieved of order passed by Accountability Court whereafter entering into plea bargain, he was disqualified to hold public office---Plea raised by accused was that pay order was not deposited by accused himself but amount/pay order was deposited by his brother---Validity---Plea raised by accused did not help his case in any way---If accused was not beneficiary of plea bargaining, he could have challenged same by making an application to Accountability Court denying plea bargain but he kept silent till filing of appeal---Accused by not challenging order of Accountability Court where he had entered into plea bargain and had deposited embezzled amount by way of pay orders through his brother and in support of contents of such plea bargain application had sworn his affidavit and had supported contents of such application as true, accused had full knowledge about plea bargain---Delay in filing of appeal after about 108 days was not condonable where S.32 of National Accountability Ordinance, 1999 only provided 10 days for filing appeal against order/judgment of Accountability Court which accused had failed to file within prescribed period of limitation---Accused had failed to explain delay in filing appeal---Appeal was dismissed, in circumstances.

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