MUHAMMAD AZAM BROHI vs NATIONAL ACCOUNTABILITY BUREAU (THE STATE) Ss

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MUHAMMAD AZAM BROHI VS NATIONAL ACCOUNTABILITY BUREAU (THE STATE) Ss. 9(a), (i), (ii), (iii), (iv), (vi), (ix), (x), (xi), (xii) & 23(b)---Corruption and corrupt practices and transfer of property during proceedings---Appreciation of evidence---Caution, violation of---Sentence, quantum of---Accused was administrator of housing society, who in presence of a circular dated 14-12-2009, issued by Sindh Cooperative Housing Authority, coupled with caution of NAB, cancelled/reallotted 24 plots of old members of the Society and illegally allotted three amenity plots to three different persons out of whom two had entered into plea bargain with NAB---Accused also converted one commercial plot into 40 commercial plots with subsequent allotment to his favourites in spite of caution issued by NAB---Accused also withdrew huge amounts from society funds from resale / cancelled plots into his own personal account---Trial Court convicted the accused for committing corruption and corrupt practices and sentenced him to imprisonment for 14 years along with fine---Validity---Accused caused loss to the society as well as to national exchequer for his personal gains---High Court declined to interfere in conviction recorded by Trial Court---High Court reduced sentence of 14 years imprisonment imposed by Trial Court in view of the amount of loss caused to the society and national exchequer to one already served which was almost 7 years of imprisonment including remissions---Prosecution failed to prove beyond reasonable doubt the offence in respect of illegal award of electrical and civil works contracts---Sentence of 14 years was maximum sentence under National Accountability Ordinance, 1999, which was usually applicable to accused causing loss running into billions of rupees---Appeal was dismissed accordingly.

MUHAMMAD AZAM BROHI vs NATIONAL ACCOUNTABILITY BUREAU (THE STATE) Ss — 2024 PCrLJ 745 KARACHI-HIGH-COURT-SINDH

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