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MUHAMMAD FEROZUDDIN versus ABDUL QAYYUM


Article 185 (3) of the Conduct Rule (XLV of 1860), Articles 427, 434 and 447 refusing to extend the sentence, the High Court found no justification for the increase in the RI sentence and the interference of fines. Not sued for legal malpractice denied appeal

1984 S C M R 1079

Present : Muhammad Afzal Zullah and M. S. H. Quraishi, JJ

Raja MUHAMMAD FEROZUDDIN‑Petitioner

Versus

ABDUL QAYYUM AND ANOTHER‑Respondents

Criminal Petition for Special Leave to Appeal No. 93‑R of 1983, decided on 12th November, 1983.

(On appeal from the judgment of Peshawar High Court, Abbottabad Bench, dated 3rd September, 1983 in Cr. A. No. 36 of 1981).

Constitution of Pakistan (1973)‑

‑Art. 185(3)‑Penal Code (XLV of 1860), Ss. 427, 434 & 447 Sentence‑Enhancement‑Refusal by High Court to enhance sentence of R. I. and fine‑No justification found for interference‑Judgment of High Court not suffering from any legal infirmity‑Leave to appeal refused.

Sh. Zafar Mahmood, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing :12th November, 1983.

ORDER

MUHAMMAD AFZAL ZULLAH J

.‑Refusal by the Peshawar High Courts to enhance the sentence of R. I and fine in a case under sections 427,4 and 447, P. P. C. and further reduction by it of sentence of R. I. to be already undergone (less than a fortnight), has been brought under challenge in this petition for leave to appeal.

After hearing the learned counsel at length on the question of sentence; we have not been able to find any justification for interference.

The impugned judgment does not suffer from any legal infirmity; nor it suffers from any infirmity on the basis of any principle.

The petition accordingly is dismissed.

S. Q Petition dismissed.

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