Sheikh RIZWAN AHMED JILLANI vs NATIONAL ACCOUNTABILITY BUREAU (NAB) Ss — 2024 MLD 161 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 161 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: Sheikh RIZWAN AHMED JILLANI vs NATIONAL ACCOUNTABILITY BUREAU (NAB) Ss
Subject matter: Criminal
Provisions referred to: S. 431---C; Criminal Procedure Code (V of 1898)

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

Sheikh RIZWAN AHMED JILLANI VS NATIONAL ACCOUNTABILITY BUREAU (NAB) Ss. 9(a), 10 & 32---Criminal Procedure Code (V of 1898), S. 431---Corruption and corrupt practices---Appreciation of evidence---Death of accused---Appeal, status of---Accused was convicted by Trial Court and sentenced to imprisonment and fine---Accused died during pendency of appeal and his widow appeared to contest sentence of fine imposed on deceased accused---Validity---On death of accused during pendency of appeal against conviction, appeal finally abated, except an appeal from sentence of fine---Legal heir/widow of deceased accused challenged conviction against deceased accused to the extent of sentence of fine---Bank statements were not sent to handwriting expert---Deceased accused was posted as typist in the Bank and there was no office order to show that deceased was working as ledger keeper in the Bank---Bank statement with effect from 01-02-1999 till year 2003, were fake and contained signatures of deceased accused---Deceased accused was transferred from concerned branch of bank to another branch on 4.9.2001 and it was not possible for deceased accused to prepare Bank statements for the period for which he was not posted in branch in question---Prosecution failed to prove its case against deceased accused at trial---Such was case of acquittal against deceased accused but as accused had already expired proceedings against him stood abated---High Court set aside sentence of fine imposed by Trial Court---Appeal was allowed accordingly.

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