Find a Lawyer

Criminal Revision No.576 of 1971 decided on 27th January, 1986.

‑‑‑S. 304‑A‑‑Sentence, reduction in‑‑Revision coming up after almost 14 years while petitioner besides undergoing agony of protracted trial, remaining in custody for three weeks‑‑Sentence reduced to imprisonment already undergone, in circumstances.

Kh. Hafeez Ullah for Petitioner.

Malik Yousaf for A.‑G. for the State.

Date of hearing: 27th January, 1986.

This is a revision petition filed by Muhammad Nawaz, petitioner, against the judgment of an Additional Sessions Judge of Lyallpur, dated 29‑5‑1971, dismissing his appeal. Earlier, a First Class Magistrate of Jaranwala, by his judgment, dated 23‑11‑1970, had convicted the petitioner under section 304‑A, P.P.C. and sentenced him to six months rigorous imprisonment with a fine of Rupees one thousand (Rs.1,000).

2. I need not go into the merits of this case, as Khawaja Hafiz Ullah, Advocate for the petitioners does not challenge the conviction of the petitioner, but only prays for the reduction of the sentence of the petitioner to that already undergone, as this is an old case which requires special treatment. Learned counsel submits that the petitioners had already undergone roughly three weeks' detention both an under trial prisoner and‑as a convict. He further submits that this petition, which was admitted in 1971, has now come up for hearing after almost fourteen years and it would be highly inequitable to send back the petitioner now to jail to serve out the remaining portion of his sentence. A It is lastly contended that the petitioner has undergone the agony of a protracted trial and appellate proceedings and also the agony arising out of the apprehended dismissal of this petition, both of which are sufficient punishments. The learned counsel for the State does not seriously oppose the request. Taking all circumstances into consideration, I would maintain the conviction of the petitioner under section 304‑A, P.P C. but in view of the special circumstances of the case, I would reduce his sentence to that already undergone, but would enhance the fine from Rupees one thousand (Rs.1,000) to Rupees three thousand (Rs.3,000). The petitioner is on bail. Subject to his paying the enhanced fine, his bail bond shall stand discharged. This petition, therefore, stands partly accepted, in terms of reduction in the sentence, with enhancement of fine, as stated above.

S.G.D. Order accordingly.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.