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Criminal Appeal No. 711 of 1979, decided on 3rd December,1985.
-‑‑S. 307/452‑‑Conviction not challenged‑‑Occurrence of 1977‑‑Accused remained in jail for about two years as under‑trial‑‑Bail in appeal allowed after more than a year‑‑Agony of protracted trial coupled with sentence already undergone, held, would meet ends of justice: in circumstances‑‑Sentence was reduced to already undergone accordingly.
Malik Abdul Sattar Chughtai for Appellant.
Date of hearing: 3rd December, 1985.
This Criminal Appeal arises from the judgment of learned Magistrate Section‑30, Mianwali, whereby he, on 16‑6‑1972 convicted Bashir appellant under sections 452 and 307, P.P.C. and sentenced him to 3 years' R.I. and 4 years' R.I. respectively. It was directed that the sentence shall run consecutively.
2. Learned counsel for the appellant has not challenged the conviction and rightly so because there is sufficient reliable evidence to connect the appellant with the commission of crime punishable under section 452/307, P.P.C. The learned counsel has requested for leniency in sentence. In the circumstances of the case that the occurrence took in the year 1977; that the petitioner remained for about 2 years Place in jail as an under‑trial prisoner and that he was allowed bail after more than a year of his conviction. I feel that the agony of the protracted trial coupled with the sentence already undergone by him would meet the case. Order accordingly.
S.A. Appeal dismissed.
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