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Petitioner: MUHARRAM ALI VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Rafique Tarar, Manzoor Hussain Sial, Saad Saood Jan Title: MUHARRAM ALI vs THE STATE Case No.: Criminal Petition for Leave to Appeal No, 521-L of 1993 Date of Judgment:1994-05-18 Reported As: 1995 SCMR 1157 Result: Sentence reduced.
Judgment ORDER ' MANZOOR HUSSAIN SIAL, J.---Muhammad Ali petitioner, seeks leave to appeal from order dated 19-10-1993, passed by the Lahore High Court, Lahore in Criminal Appeal No, 427 of 1991. 2. The petitioner was convicted by the Special Court No, IV (Suppression of Terrorist Activities), Lahore, on 18-3-1991, under section 13 of the Arms Ordinance (XX of 1965) and sentenced to R.I. For 5 years and fine of Rs,30,000. He was also convicted under section 5 of the Explosive Substances Act, 1908, and sentenced to R.I. For 10 years. The sentences were ordered to run concurrently. He was, however, granted the benefit of the provisions of section 382-B, Cr.P.C. 3. On appeal, the High Court vide impugned order dated 19-10-1993, maintained the conviction of the petitioner but reduced the sentences of 10 years to R.I. For 7 years awarded to him under section 5 of the Explosive Substances Act, 1908. The amount of fine was also reduced to Rs,5,000. The benefit of the provisions of section 382-B, Cr.P.C. Was also allowed. 4. After hearing the learned counsel for petitioner as well as learned counsel for the State, we are of the view that sentence imposed upon the petitioner under section 5 of the Explosive Substances Act, is rather excessive, we, therefore, convert this petition into appeal and allow the same to the extent that the sentence of 7 years awarded by the High Court is further reduced to R.I. For five years. This appeal in terms indicated above is disposed of. Sentence reduced.