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SANATA versus THE STATE


Pakistan Penal Code Section 411 conviction, request for review for hearing after 15 years, is decreasing while sentence already pending under the accused accused of delay in settlement of review petition petition has been reduced. ?

1985 P Cr. L J 2395

[Lahore]

Before Rustam S. Sidhwa, J

SANATA and another Petitioners

Versus

THE STATE Respondent

Criminal Revision No. 1113 of 1970, heard on 1st April, 1985.

Penal Code (XLV of 1860)

‑‑‑S. 411‑‑Sentence, reduction in‑‑Revision petition coming up for hearing after 15 years while accused undergoing agony of trial as well as of delay in disposal of revision petition‑‑Sentence reduced to that already undergone by accused, in circumstances.

Inayatullah Cheema for Petitioner.

Zafar Yasin for A.‑G. for the State.

Date of hearing: 1st April, 1985.

ORDER

This is a revision petition by Sancta and Muhammad, petitioners, against the judgment of the learned Sessions Judge of Lyallpur, dated 22‑7‑1970, dismissing their appeal. Earlier, a First Class Magistrate of Lyallpur, by his judgment, dated 21‑11‑1969, had convicted the petitioners under section 411, P.P.C. and sentenced them to one year's rigorous imprisonment each.

2. I have heard the arguments of the learned counsel for the petitioners and the State. Learned counsel for the petitioners only presses for the reduction of the sentences. In view of the statement of the learned counsel for the petitioners, only this limited question will be attended to. This petition, which was admitted in 1970, has come up for hearing after almost fifteen years. The petitioners have undergone the agony of trial. The delay in the disposal of the present petition has also placed them under psychological sufferance. Taking all circumstances into consideration, I would reduce their sentence to that already undergone.

3. For the foregoing reasons, whilst maintaining the conviction of Sanata and Muhammad, petitioners, under section 411, P.P.C., I reduce their sentence to that already undergone. The petitioners are on bail. Their bail bonds shall stand discharged. This petition, therefore, stands partly accepted, in terms of reduction in sentence, as stated above.

S.G.D

Order accordingly

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