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Crl. Appeal. No.7 of 1985 in Jail Petition No. 93‑R of 1983, decided on 26th January, 1985.
(From the judgment of the Lahore High Court, Multan Bench, Multan, dated 20‑6‑1983, passed in Criminal Revision No.122 of 1983).
‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S.497‑‑Petitioner convicted and sentenced under section 497, P.P.C.‑‑On appeal matter remanded to afford him opportunity to cross‑examine complainant‑‑Magistrate in remand enhanced sentence/fine without giving reason‑‑Aspect of not affording opportunity to accused having escaped notice of Courts in appeal/ revision, Supreme Court set aside enhanced sentence and restored one originally imposed‑‑Petition converted into appeal and partly allowed.
Petitioner through Jail.
Mian Inamul Haq, Advocate Supreme Court for Respondent.
Date of hearing: 26th January, 1985.
‑‑ By order dated 22‑12‑1984, the petitioner's petition for leave to appeal as regards his conviction under section 497, P.P.C. was rejected but notice was issued to the State to show why the original sentence imposed on the petitioner vide order, dated 17‑10‑1981 should not be restored.
2. In response to the notice, Mr. Mian Inamul Haq has appeared for the State. He supports the restoration of the original sentence.
3. The petitioner had been originally sentenced to R.I. for two years plus a fine of Rs.500 or in default in payment of the same to further S.I. for three months. On his appeal the matter had been remanded in order to afford him opportunity to re‑cross‑examine the complainant. While remanding, no observation had been made that the sentence was inadequate. Yet the learned Magistrate, in remand, sentenced him to R.I. for three years and a fine of Rs.4,000 or in default to further R.I. for one year. The learned Magistrate for awarding a more severe sentence gave no reason. This aspect of the matter has escaped the notice of the Courts in the appeal and the revision that followed. In these circumstance, the petition is converted into appeal and partly allowed to the extent that the sentence subsequently awarded on 2‑3‑1983 is set aside and the one originally imposed on 17‑10‑1981, that is, R.I. for two years plus a fine of 88.500 or in default in payment of the same further S.I. for three months is restored. The appellant shall be informed through the Jail authorities.
M.I. Order accordingly
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