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STATE versus GULZAR HUSSAIN


Pakistan Penal Code Section 11 Sen11 convicted No ex-offender has been jailed for 9 consecutive months

1985 P Cr. LJ 843(1)

[Lahore]

Before Muhammad Munir Khan, J

MUHAMMAD AMIR‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Revision No. 333 of 1984, heard on 26th January, 1985.

Penal Code (XLV of 1860)‑‑

---S.411‑‑Sentence‑‑Accused not a previous convict‑‑Continuously in jail for 9 months‑‑Sentence of two years reduced to already under gone.‑‑[Sentence].

Qazi Muhammad Saleem for Petitioner.

Nasim Iqbal for the State.

Date of hearing: 26th January, 1985.

JUDGMENT

The facts giving rise to this revision are that Muhammad Amir petitioner was tried under section 411, P.P.C. by Magistrate Ist Class, Toba Tek Singh who convicted and sentenced him to 2 years' R.I. on 30‑11‑1983. The appeal of the petitioner failed on 18‑3‑1984, hence this revision

2. The learned counsel has not challenged the conviction. He requests for leniency in sentence. The learned counsel for the State has, however, opposed this request.

3. I have considered the submissions made by the parties with care. In the circumstances of the case that the appellant is not a previous convict and that he is continuously in jail since 18‑3‑1984, I h am of the opinion that the sentence already undergone .by him would meet the case. He shall be released forthwith, if not required in any other case. Order accordingly.

M. A. K. Order accordingly.

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