FATEH MUHAMMAD vs THE STATE — 1971 PCRLJ 221

Citation: 1971 PCRLJ 221

Court: Lahore High Court

Year: 1970

Decision Date: 1970-07-02

Parties: FATEH MUHAMMAD vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 221

Judgment Text

Court Name: Lahore High Court Judge(s): Shoukat Ali Title: FATEH MUHAMMAD vs THE STATE Case No.: Criminal Revision No. 323 of 1970 Date of Judgment:1970-07-02 Reported As: 1971 P Cr. L J 221 Result: Sentence reduce Judgment ORDER The petitioner in 'this case was convicted by Mr. M. R. Khalid P. C. S., Sub-Divisional Magistrate, Pind Dadan Khan, of an offence under section 325, P. P. C., and sentenced to suffer three years' R. I. And a fine of Rs. One thousand, in default to suffer further R. L, for six months. An appeal was filed in the Court of Sessions Judge, which was entrusted to Kh. Muhammad Ashraf, P. C. S., Additional Sessions Judge, Jhelum, and 'the same was dismissed in toto: The petitioner applied to this Court for revision of the orders passed by the Courts below. The matter came up before Mr. Justice M. M. Faruqui, who admitted the petition on the question of sentence, only, but did not suspend the sentence of the petitioners with the direction that if the case was not disposed of within six months, the question of bail will be reconsidered. Another, petition, Cr. Misc. No. 2/70 has been filed in this Court, praying for the suspension of the sentence. In the course of the hearing of this petition learned counsel urged that this Court could, if so desired, reduce the sentence without issuing any notice to the State as the State has no right to be heard in criminal revisions. He cited Amir and others v. The Crown (I L R 1946 Lah. 295), in which a Full Bench of…

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