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MUHAMMAD JAMIL versus THE STATE


Criminal Code (CRPC) Articles 369 and 561 Corruption Act (II of 1947), Section 5 (2) verdict, the accused was fined Rs 3000 for correction but the High Court verdict was Rs 10,000 According to what was ordered [decision]
1985 P Cr. L J 1263

[Lahore]

Before Muhammad Munir Khan, J

MUHAMMAD JAMIL‑‑Appellant

versus

THE STATE STATE---Respondent

Criminal Appeal No. 663 of 1976, decided on 28th January, 1985.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑Ss. 369 & 561‑A‑‑Prevention of Corruption Act (II of 1947), S.5(2)‑ Judgment, correction of‑‑Accused awarded fine of Rs.3,000 but in High Court judgment mentioned as Rs.10,000‑‑Correction ordered to be made accordingly.‑‑[Judgment].

Mian Abdul Rashid for Petitioner.

Bashir Ahmed for the State.

ORDER

Through this Miscellaneous application Muhammad Jamil petitioner wants this Court to correct clerical error. The learned counsel states at Bar that the fine awarded to the appellant was Rs.3,000 and not Rs.10,000 as mentioned in the order. The learned counsel for the State who was very much present on the date of hearing of the appeal also states that the fine imposed was Rs.3,000 and not Rs.10,000. I do not see any reason to disbelieve the learned counsel for the parties.

2. That being the position this application is allowed. The order, dated 7‑5‑1984 be read as follows:‑

"The sentence of three years' R.I. is altered to a fine of Rs.3,000 in default thereof the appellant would undergo three years' R.I."

The learned counsel informs that the fine of Rs.3,000 has already been deposited under the directions of this Court. C.M. is disposed of accordingly. Fine of Rs.200, already awarded by the learned trial Court is maintained. He shall deposit the sum within one month.

M. A. K. Petition accepted.

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