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MUHAMMAD SARWAR versus STATE


Pakistan Penal Code Section 182 Punishment Not Challenged

1985 M L D 837 (1)

[Lahore]

Before Muhammad Munir Khan, J

MUHAMMAD SARWAR--Petitioner

versus

THE STATE--Respondent

Criminal Revision No. 609 of 1984, heard on.13th November, 1984.

Penal Code (XLV of 1860)--

---S. 182--Conviction not challenged--Accused having faced trial for four years--Sentence of two months, R.I. was altered to fine of Rs.500 in circumstances of case.

Mian Iqbal Khalid for Petitioner.

S. Seerat Hussain Naqvi for the State.

Date of hearing: 13th November, 1984.

JUDGEMENT

The facts giving rise to this revision petition are that Muhammad Sarwar petitioner was tried by Magistrate Ist Class Gojra, District Toba Tek Singh under section 182, P. P. C who convicted him on 22-1-1984 and sentenced him to six months, R.1. On appeal the learned Additional Sessions Judge while maintaining 'the conviction reduced the sentence from six months, R.1. to two months, R.I.

2. Learned counsel has not challenged the conviction. He requests for leniency in the sentence. In the circumstances that the petitioner has faced trial for four years, I feel inclined to alter the nature of sentence of two months, R.I to a fine of Rs. 500 in default thereof two months, R.1. The fine when recovered be paid to Muhammad Sadiq. A Abdul Khaliq P.Ws. as compensation. On deposit of fine the petitioner shall be released immediately if not required in any other case. The revision-is disposed of accordingly.

S . A . Sentence altered.

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