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SHAFQAT ALI CHATHA versus STATE


Courts contempt of court Act 1926, Section 2, pledging to pardon the applicant and to not repeat any further offense, seeking an unconditional pardon of himself at the mercy of the court, already punishable by the applicant, circumstances Will meet the end of justice.

1984 M L D 1481

[Lahore]

Before Saleem Mazhar, J

SHAFQAT ALI CHATHA--Petitioner

versus

THE STATE--Respondent

Criminal Miscellaneous Nos. 443 to 445/M of 1977, decided on 9th October 1977.

Contempt of Courts Act (XII of 1926)--

---S. 2--Sentence, remission of--Petitioner tendering unconditional apology throwing himself at mercy of Court and further giving under taking not to repeat offence again--Sentence already undergone by petitioner, held, would meet ends of justice in circumstances.

Pervez Mian Mehmood for Petitioner.

Khalil Ramday, Additional Advocate-General for the State.

ORDER

Shafqat Ali Chatha was convicted for contempt of this Court and sentenced to 2 months' S.I. and a fine of Rs.500 or in default to suffer further 1 month's S.I. A.S.I Zahoor Ahmad and A.S.I. Muhammad Anwar were also convicted and sentenced as stated above. They preferred an appeal to the Supreme Court but the appeal of Shafqat Ali Chatha was dismissed vide order, dated 21-3-1977. The learned Judges of the Supreme Court however, observed that if Shafqat Ali Chatha so advised may suitably apply to the High Court and make amends for the remission of the sentence awarded to him.

2. I have heard the learned counsel for Shefqat Chatha, S.I. and Mr. Khalil Ramday, A.A.-G. Shafqat Ali Chatha in the petition before Court has again tendered unconditional apology and given undertaking that he shall not repeat the offence again and has thrown himself at the mercy of this Court. It is also stated in the petition that he has already suffered 7 days of sentence in the Camp Jail, Lahore and prays for the remission of the sentence awarded to him.

3. I accept apology tendered by Shafqat Ali Chatha, S.I. and hold that the sentence already undergone would meet the ends of justice in this case and the remaining sentence of imprisonment and fine is remitted.

4. With these observations the Criminal Miscellaneous No. 443 to 445-M of 1977 are disposed of.

S. G. D. Sentence remitted.

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