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Criminal Revision No. 2 of 1972, decided on 28th October,-1980.
-- S. 61-Sentence, reduction in - Accused already undergone imprisonment for about 3 weeks-Revision petition coming up before High Court more than 8,j years after its institution-Peti tioner having suffered mental torture with fear of sentence banging over his head all along in itself a punishment, sending him to Jail for un expired portion of his sentence, held, would not be proper, in circumstances, hence sentence reduced to imprisonment already undergone by petitioner.-[Sentence].
Miss Gulshan Ara Alam for Petitioner.
Ahmad Nawaz for the State.
Date of hearing : 28th October, 1980.
Abdur Rehman petitioner was tried under section 61 of the Excise Act by Mr. Yusuf Kamal ; Magistrate First Class, Okara, who by his judgment dated 24th November 1971, convicted him on the said charge and sentenced, him to rigorous imprisonment for three months. His appeal before the Sessions Court having failed, be has come up in revision to this Court.
2. The petition was admitted only to consider the quantum of sentence.
3. The petitioner was convicted by the trial Court on 24th November, 1971 and his sentence was suspended by the Sessions Judge on 26th November, 1971. After the dismissal of his appeal on 18th December, 1971 his sentence was suspended by this Court on 3rd January, 1971. In this way, he has already undergone R. I. for about three weeks. This petition is being heard more than eight and a half years after its institution. During all this period the petitioner suffered mental torture with the fear of sentence banging over his head which by itself is a punishment. After such a long time, it will not be propel to send him to jail for the un expired portion of his sentence, therefore. I reduce his sentence to the term of imprisonment already undergone by him, and with this modification in the sentence the petition, dismissed.
Order accordingly
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