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Criminal Revision No. 863 of 1971, heard on 5th May, 1985.

‑‑‑S. 279‑‑Sentence, reduction in‑‑Appeal coming up for regular hearing after 14 years while accused remaining on bail‑‑Held: Not in interest of justice to send accused back to jail after such a long time‑‑Sentence reduced to imprisonment already undergone by accused in circumstance.

Sh. Abdur Rehman for Petitioner.

Nemo for the State.

Date of hearing: 5th May, 1985

Ghulam Shabbir son of Ashiq Hussain resident of Khanqah Dogran, Tehsil and District Sheikhupura was tried by Magistrate Section 30, Sheikhupura, under section 279/338/307, P.P.C. He was convicted and sentenced to six months' R.I. under section 279, P.P.C. and two years' R.I. under section 338, P.P.C. by judgment, dated 30‑4‑1971.

Against the judgment of the trial Magistrate he went in appeal. The appeal was partly accepted by the Additional Sessions Judge, Sheikhupura and sentence was reduced to six months' R.I. by judgment, dated 24‑7‑1971.

Thereafter, the petitioner filed this revision. This was admitted to regular hearing on 30‑8‑1971 and the petitioner was admitted to bail. Since then he is on bail.

This petition has come up for hearing after 14 years.

Learned counsel for the petitioner submitted that the conviction was illegal. I do not find force in this contention because the two Courts below after going through the evidence found the petitioner guilty. However, I am of the view that it is not in the interest of justice to send the petitioner back to 1'ail as he has been on bail since 30‑8‑1971.

I, therefore, order that the sentence already undergone would meet the ends of justice. The revision is disposed of.

S. G. D. Order accordingly.

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