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Criminal Revision No. 816 of 1969, heard on 6th April, 1985.
‑‑‑S. 411‑‑Sentence‑‑Revision petition coming up for hearing after almost fifteen years of its admission to regular hearing‑‑Conviction not challenged but only reduction of sentence sought‑‑Accused not only suffering agony of protracted trial but apprehension of dismissal of revision petition for a period of fifteen years, being itself a sufficient punishment‑‑Conviction maintained but sentence of six months' simple imprisonment reduced to one already undergone.
Muhammad Aslam Nagi for Petitioner.
Mushtaq Hussain for A.‑G. for the State.
Date of hearing: 6th April, 1985.
This is a revision petition filed by Hakam Ali, petitioner, against the judgment of a learned Additional District Magistrate of Lyallpur, dated 7‑6‑1969, dismissing his appeal. Earlier a Second Class Magistrate of Lyallpur, by his judgment, dated 15‑4‑1969, had convicted the petitioner under section 411, P.P.C. and sentenced him to six months' simple imprisonment.
2. I have heard the arguments of the learned counsel for the petitioner and the State. Learned counsel for the petitioner only prays for the reduction of the sentence, on the ground that the present revision petition has come up for hearing after many years.
3. This petition, which was admitted in 1970, has come up for hearing' after almost fifteen years. The petitioner has not only suffered the agony of a protracted trial, but the apprehension of the dismissal of this petition for a period of fifteen years, has itself been a sufficient punishment. Taking all circumstances into consideration, I would reduce the sentence of the petitioner to that already undergone.
4. For the foregoing reasons, whilst maintaining the conviction of the petitioner under section 411, P.P.C. I reduce his sentence to that already undergone. The petitioner is on bail. His bail bond shall stand discharged. This petition stands partly accepted, in terms of reduction in sentence, as stated above.
H. A. K. Revision partly accepted.
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