Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Revision No. 9 of 1985, heard on 21st January, 1985.
---S.411‑‑Criminal Procedure Code (V of 1898), 5.382‑B‑‑Sentence‑ Accused remaining in jail as under‑trial prisoner for about 5 months and benefit of provisions of 5.382‑B, Cr.P.C. not given by trial Court or appellate Court‑‑Sentence of 2 years' R.I. reduced to one year's R.I. in circumstances.‑‑[Sentence].
Muhammad Zahid Abbasi for Petitioner.
Arshad Khan for the State.
Date of hearing: 21st January, 1985.
The facts giving rise to this revision are that Muhammad Shafiq petitioner was tried by Magistrate Ist Class, Gujranwala under section 379/411, P.P.C. On the conclusion of the trial, the learned Magistrate convicted him under section 411, P.P.C. and sentenced him to two years' R.I. His appeal failed on 6‑5‑1984, hence this revision.
2. Learned counsel for the petitioner had not challenged the conviction and so the petition was admitted on 20‑1‑1985 on the question of sentence alone. The learned counsel requests for leniency in sentence. The learned counsel for the State has, however, opposed this request. In the circumstances of the case that the appellant remained in jail as an under‑trial prisoner‑ for about 5 months and that the petitioner was A not given the benefit of the provisions of section 382‑B, Cr.P.C. by the trial Court or the appellate Court, I feel inclined to reduce the sentence of 2 years' R.I. to one year R.I. With this reduction in the sentence, the revision is disposed of.
M. A. K. Order accordingly.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer