Full Judgment Text & Judicial Ruling

1994 PCr

1994 PCr.LJ 721

[Lahore]

Before Ch. Ghulam Sarwar, J

MANZOOR HUSSAIN‑‑‑Petitioner

versus

THE STATE‑‑‑Respondent

Criminal Revision N0.618 of 1992, heard on 19th April; 1993.

Penal Code (XLV of 1860)‑‑‑

‑‑‑‑S. 447‑‑‑Sentence, reduction in‑‑‑Accused had undergone more than ten days' imprisonment out of his sentence of three months' R.I. which was considered sufficient to meet the ends of justice in view of the nature of the case and the statement made by State counsel‑‑‑Sentence of accused was reduced to one already undergone by him accordingly.

Nemo for Petitioner.

Sh. Afzaal Hussain for the State.

Date of hearing: 19th April, 1993.

JUDGMENT

This revision petition is directed against the judgment dated 1‑10‑1992 passed by the learned Additional Sessions Judge, Toba Tek Singly whereby he confirmed the judgment dated 23‑8‑1992 passed by the learned Magistrate by which the petitioner was convicted under section 447, P.P.C. and sentenced to three months' R.I.

2. The allegation against the petitioner was that he occupied illegally the land which belonged to the Government and was meant for thoroughfare of the village community so a case was registered against him vide F.I.R. No.260/91 on 27‑6‑1991.

3. At the very outset the learned counsel appearing on behalf of the State submits that the petitioner has been sentenced to three months' R.I. only, out of which he has already undergone more than ten days as convict prisoner. He submits that the State will not be having any objection if the sentence already undergone by the petitioner is considered as sufficient to meet the ends of justice in view of the peculiar circumstances of this case.

4. After having heard the learned counsel appearing on behalf of the State I have verified the facts given by the learned counsel for the State that the petitioner was firstly arrested on 27‑6‑1991

and was released on bail and was again taken into custody on 23‑8‑1.992 when he was convicted by the learned Magistrate. He was released on bail on appeal but was taken into custody after its dismissal by the learned Additional Sessions Judge on 1‑10‑1992. From 1‑10‑1992 he remained in the jail till 11‑10‑1992 when his sentence was suspended by this Court. In view of the nature of‑the case and the statement of the learned counsel appearing for the State I am also of the view that the period of detention underwent by the petitioner in the jail as under‑trial prisoner or convict prisoner is sufficient to meet the ends of justice.

5. Resultantly this revision is dismissed and after maintaining the conviction I reduce the sentence of the petitioner to the sentence already I undergone by him. The petitioner shall be discharged of the bail bonds.

N.H.Q./M‑971/L Sentence reduced.

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