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BAHAR SHAH versus THE STATE


The Pakistan Penal Code Sections 326, 325 and 324/149 imprisonment are decreasing after almost 16teen years, while the applicant has faced a lengthy trial and has to deal with his review request. I am already sentenced to trial. Meet the pursuit of justice under the circumstances

1985 P Cr. L J 2453

[Lahore]

Before Rustam S. Sidhwa, J

BAHAR SHAH and 5 others‑‑Petitioners

versus

THE STATE‑‑Respondent

Criminal Revision No. 539 of 1969, heard on 3rd April, 1984.

Penal Code (XLV of 1860)‑‑

‑‑‑Ss. 326, 325 & 324/149‑‑Sentence, reduction in‑‑Petition coming up for regular hearing after about sixteen years while petitioners having undergone agony of a protracted trial as also delay in disposal of their revision petition‑‑Sentence already undergone, held, would meet ends of justice, in circumstances.

Kh. A. Waheed for Petitioners.

Muhammad Bashir Mirza for A.‑G. for the State.

Date of hearing: 3rd April, 1985.

JUDGMENT

This is a revision petition filed by Bahar Shah and five others, petitioners Nos. 1 to 6, against the judgment of a learned Additional Sessions Judge of Sialkot, dated 26‑4‑1969, dismissing their appeal. Earlier, a First Class Magistrate of Sialkot, by his judgment, dated 13‑5‑1968, had convicted the petitioners under sections 326/149, 325/149, 324/149, 323/149 and 148, P.P.C. and sentenced them under section 326/149, P.P.C. to two years' rigorous imprisonment each, under section 325/149, P.P.C. to two years' rigorous imprisonment each, under section 324/149 to one year's rigorous imprisonment each, under section 323/149, P.P.C. to six months' rigorous imprisonment each and under section 148, P.P.C. to one year's rigorous imprisonment each; all the sentences being ordered to run concurrently.

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 of the petitioners on the ground that the present revision petition has come up for hearing after a great length of time. In view of the statement of the learned counsel for the petitioners, this limited question will be attended to. This petition, which was admitted in 1969, has come up for hearing after almost sixteen years. The petitioners have undergone the agony of a protracted trial. The delay in the disposal of the present petition has also placed them under psychological sufference. Taking all circumstances into consideration I would reduce their sentences to that already undergone.

3. For the foregoing reasons, whilst maintaining the conviction of the petitioners under sections 326/149, 325/149, 324/149, 323/149 and 148, P.P.C., I reduce their sentences to that already undergone. The petitioners are on bail. Their bail bonds shall stand discharged.

S. G. D. Order accordingly.

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