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SAEED AHMED KALHORO versus THE STATE


ection Section 5 - Sindh Arms Act (V 2013), Section 23 (i) (a) first Reform and Rehabilitation of the First Offender - Scope end Remitting the Ordinance of the Offenders, 1960 was a corrective measure and aimed at the amateur. Had to reclaim. The culprit, who is blamed for the dishonesty of the prison, could be useful in his rehabilitation in the community - in the present case, the suspect was an amateur and a novice offender, so it would be beneficial for him and the community to keep him on trial. Was charged with keeping probation under the supervision of a probation officer for one year - alleged to have served the community by attending Friday prayers in a mosque near his workplace, as a Muslim. Ga - Accordingly the appeal was resolved [pp 594, 595] A, B, B & E

P L D 2017 Sindh 592 

Before FahimAhmed Siddiqui, J

SAEED AHMED KALHORO—Appellant

versus

THE STATE—Respondent

Criminal Appeal No.S-35 of 2017, decided on 25th April, 2017.

(a) Probation of Offenders Ordinance (XLV of 1960)--

—S. 5—Sindh Arms Act (V of 2013), S. 23(i)(a)—RefÓrm;ation and rehabilitation of first offender—Scope—Provision of Probation of Offenders Ordinance, 1960 was a refÓrm;ative measure and its object was to reclaim amateur offender who is spared the indignity of incarceration could be usefully rehabilitated in the society—Accused, in the present case, was an amateur and a novice offender therefore it would be beneficial for him and the society alike to place him on probation—Accused was given under the supervision of Probation Officer for one year while maintaining his sentence—Accused being a Muslim, he would perfÓrm; the community service by participating in arrangements of Jumma prayer in a Jamia Masjid close to his residence of workplace—Appeal was disposed of accordingly. [pp. 594, 595] A, B,B&E

(b) Probation of Offenders Ordinance (XLV of I960)—

-—Preamble—Object of the Ordinance—High Court observed that Probation System was usually considered as a boon for some of the selected offenders but it was more than such limited scope; that the System would providg means of rehabilitation without the necessity of breaking up the offender's normal life and removing him from the natural surroundings of his home; that such System could be used as a tool to raise the status of a convicted offender by making him a useful member of the society and that institution of probation could be used for recompensing the society if it was integrated with community services for the benefit of the society. [p. 595] C

Ghulam Dastagir and 3 others v. The State PLD 2014 Bal. 100 rel.

Ahsan Ahmed Memon for Appellant.

Ali Gul Shaikh, DDPP.

Date of hearing: 25th April, 2017.

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