Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Revision No. 440 of 1966, decided on 8th October 1976.
Sentence‑Mitigation‑Accused convicted 11 years ago for possessing an illicit arm and serving out 1 month's imprisonment before release on bail‑Since convicted accused settled in life peacefully and without indulging in any anti‑social activities Sentence reduced to imprisonment already undergone, in circum stances‑West Pakistan Arms Ordinance (XX of 1965), S. 13‑E. [Sentence].
M. Iqbal Bhatti for Petitioner.
Ahmad Nawaz Malik for the State.
Date of hearing : 8th October 1976.
Chughatta, a labourer by profession, aged 30 years, was convicted and sentenced under section 13‑E of the West Pakistan Arms Ordinance, 1965 to one year R. I. by the Magistrate 1st Class, Lyallpur vide his judgment dated 30‑12‑1965. The learned Sessions Judge on 6‑5‑1966 who did not find any justification to interfere with the order of dismissed his appeal the learned Magistrate. Being aggrieved against both those judgments, he filed a revision petition in this Court which was admitted by a short order of this Court on 2‑h‑1966 and the petitioner was released on bail.
2. The learned counsel appearing on behalf of the petitioner had submit ted that the petitioner has suffered about one month's imprisonment in this case for a lapse which took place as far back as the year 1965. It has been urged that it would be a real hardship for this person to undergo the remaining part of his sentence after such a long time when he has settled in life peacefully. The learned counsel has argued that the conduct of the petitioner all along these 11 years in which he has not repeated his performance and has not indulged in any anti‑social activities; do warrant that he should be allowed to live peacefully.
3. I have given my anxious thought to the contention raised by the learned counsel for the petitioner, and I am not oblivious of the fact that the conditions prevailing in the year 1965 persuaded people to keep arms with them whether licensed or unlicensed. These were the days when Pakistan was at war with India. Moreover, I find that the law is to assist the society to live in amity and to create order among the fellow‑men. If a person is called upon once again after being permitted to remain on bail for 11 years, to mix with the inmates of the jail, there is every likelihood that he would revive in himself the criminal propensities with which he suffered once in life and thus the society will have once again at its hands a criminal who will be a problem to handle.
4. In view of the above circumstances, I find that the ends of justice will be adequately met if the sentence of the petitioner is reduced to that already undergone. The result is that while dismissing the revision petition on merits, I reduce the sentence of the petitioner to the period already under gone. The petitioner is on bail and he is discharged of his bail‑bonds.
Order accordingly.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer