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Petitioner: MUHAMMAD ASLAM and others VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Khalil-ur-Rehman Ramday Title: MUHAMMAD ASLAM and others vs THE STATE Case No.: Crl. Rev. No.732 of 1991, Date of Judgment:1992-05-30 Reported As: 1993 MLD 375 Result: Fine reduced
Judgment ORDER ' This petition is admitted to hearing and is being disposed of today as a notice case with the consent of the learned counsel for the petitioner as also the learned Asstt. A.-G. who is present on Court call. 2. The three petitioners had been convicted under section 333/34, P.P.C. and each one of them was sentenced to 4 years' R.I. with a fine of Rs.5,000 or 6 months' S.I. in default of payment of fine. All the three petitioners have also been convicted under section 452/34, P.P.C. and were sentenced to 3 years' R.I. with a fine of Rs.3,000 each or 3 months' S.I. in default of payment of fine. 3. This was vide judgment, dated 26-10-1991 of a learned Magistrate Section 30 at Jhang. 4. In appeal a learned A.S.J. at Jhang, through his judgment, dated 7-11-1991 converted the conviction under section 333/34, P.P.C. to a conviction under section 332/34, P.P.C. and conviction under section 452/34, P.P.C. was converted to one under section 448, P.P.C. 5. The sentences of imprisonment awarded to the three petitioners by the learned trial Magistrate were reduced to the terms of imprisonment already undergone by the petitioners. Each one of the petitioners was punished with a payment of fine Rs.5,000 under section 332/34, P.P.C. or 6 months' S.I. in default of payment of the said fine and under section 4.48, P.P.C., the learned Appellate Court had imposed a fine of Rs.1,000 on each petitioner herein or sufferance of 3 months' S.I. in default of payment of the said fine. 6. In view of the concurrent finding of guilt recorded against the petitioners, their learned counsel has elected not to contest the convictions as recorded against them. He has, however, prayed that the amount of fine imposed on the petitioners under section 332/34, P.P.C. was harsh and the same
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be reduced. Submits that the petitioners are ordinary school teachers and the said amount of fine is not in consonance with the financial status of the petitioners. 7. Submission of the learned counsel has force. The amount of fine imposed on each petitioner under section 332/34, P.P.C. is reduced to an amount of Rs.1,000 or sufferance of 3 months' S.I. in default of payment of the said fine. 8. The petitioners are allowed one month to deposit the above-noticed amounts of fine and in case the said fine is so deposited, they shall stand discharged of their bail/surety bonds but in case the said amounts of fme are not paid within the abovementioned period, each one of petitioners shall be taken into custody to suffer the imprisonment directed in the default of payment of fine. 9. Subject to the above modification in the amount of fine, this petition is dismissed. Fine reduced.