ZULFIQAR ALI vs State S — 2025 SCMR 100 SUPREME-COURT

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ZULFIQAR ALI VS State S. 409---Prevention of Corruption act (II of 1947), S. 5(2)---Criminal breach of trust by public servant, criminal misconduct---Re-appraisal of evidence---Sentence, reduction in---Embezzled amount deposited back in State exchequer---Offer of no contest by the convict to seek a lighter sentence to be able to attend to his ailing wife---Petitioner (convict) being an employee of a Corporation was on a carrier job; he was supposed to maintain highest standard of integrity, but he had failed to discharge his duty honestly and had committed an act of breach of trust---Petitioner did not plead guilty, hence, after trial, he was convicted and sentenced---Offer of no contest by the petitioner, meant that the petitioner neither agreed nor disagreed with the charge and with his conviction---Upon depositing of the embezzled amount in the State exchequer, he showed his intention simply to close the case, for the reason that his wife was ill and needed his help and support---By not pursuing the matter, the petitioner would certainly lose his job and would not be entitled for his post-retirement benefits, besides, leaving a stigma on his career---His offer that he did not wish to contest the petition, was with a hope that he would succeed in getting reduction in the quantum of the sentences, awarded to him---Though, as a matter of right, the petitioner cannot claim reduction of sentence, however, he placed himself at the mercy of the Supreme Court---Depositing the embezzled amount and his plea of no-contest showed the intention of the petitioner to escape the agony of proceedings before the Supreme Court and to resolve the case in order to support his family, especially, his ailing wife---Supreme Court while exercising its discretion, can do complete justice, keeping in view the facts and circumstances of each case---act committed by the petitioner did not affect the public at large---Loss caused to the Government exchequer had been repaired by the petitioner after depositing the embezzled amount---He had been awarded three years sentence, out of which, he had served out a considerable period---Keeping in view the facts and circumstances of the case in hand, the petitioner had succeeded in making out a case for a lighter sentence---Thus, in view of the above, the conviction awarded to the petitioner under sections 409, Pakistan Penal Code and 5(2) of the Prevention of Corruption act, 1947 were upheld, however, sentences awarded to him in both the offences were reduced to that of already undergone, by extending the benefit of section 382-B, Cr.P.C to him---amount of fine imposed upon the petitioner under section 409, P.P.C. was reduced from Rs. 2,50,000/- to Rs. 40,000/- and the amount of fine imposed upon the petitioner under section 5(2) of the Prevention of Corruption act, 1947 was also reduced from Rs. 2,50,000/- to Rs. 10,000/- ---Petition was dismissed and leave to appeal was refused.

ZULFIQAR ALI vs State S — 2025 SCMR 100 SUPREME-COURT

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