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Criminal Appeal No. 235/L of 1986, decided on 13th November, 1986.
‑‑‑Art. 11‑‑Accused found drunk‑‑First offender‑‑Released on probation‑‑Accused repentant and already undergone one‑ month's imprisonment‑‑No disturbance created by him at public place‑‑Purpose of law and ends of justice, held, would be met if accused released on probation for one year in circumstances.
Shahid Hussain Qadri for Appellant.
Sh. Ijaz Ali for the State.
Date of hearing: 13th November, 1986.
Nisar Ahmad son of Umar Din, resident of Mohallah Delhi Gate, Gujrat, was convicted under Article 11 of the Prohibition (Enforcement of Hadd) Order, 1979 and was sentenced to undergo rigorous imprisonment for three years and to whipping numbering 10 stripes by Khadim Hussain, Magistrate 1st Class, Gujrat. The convict has challenged his conviction and sentences by this appeal.
2. On 15‑3‑1983, Muhammad Safdar, P.W., Head Constable, with three police constables, was on patrol duty and when they reached near Kunjah Road, at 3‑30 a.m. during the night, he found the appellant coming from Faizabad side who was staggering, was apprehended and was found smelling liquor from his mouth. The appellant was got medically examined. A formal F . I . R . was registered on the report of Muhammad Safdar, P.W., at Police Station City Gujrat. After completion of investigation, appellant was challaned in Court.
3. At the trial, Muhammad Safdar (P.W. 5), Head Constable, narrated the facts given in the first information report and deposed that he apprehended the appellant on finding that liquor smell was coming from his mouth and he was not walking properly. Muhammad Akhtar (P.W.1), Muhammad Inayat (P.W. 2) and Muhammad Sarwar (P.W. 4) Foot Constable, corroborated him. Dr. Syed Talhat Iqbal, (P.W. 3), Medical Officer, Aziz Bhatti Shaheed Hospital, Gujrat medically examined Nisnr Ahmad, appellant, on 15‑3‑1983 at 4‑00 a.m. and found that he was not well oriented in time and space, his face was flushed, his eyes were congested, his pupils were dilated he was talking irrelevantly, and alcohol smell was coming from his breath. He took sample of blood and urine. The Chemical Examiner reported vide Exh. P.C. that alcohol was contained in blood and urine.
4. The appellant denied the allegations. He stated that one Ghafoor of his Mohallah a police tout, was wanted to borrow Rs.100 from the appellant but the appellant refused to give him that amount as loan, consequently, he got the appellant falsely involved in collusion with police.
5. The sentence of appellant was suspended by this Court and he is present today. He repented his shameful act and asked for forgiveness. He has also promised never to indulge in such an act again and to pass his life in accordance with the Commands of Islam if he is released on probation. He has already suffered imprisonment for about one month and 11 days.
6. It has been argued before me by the learned counsel for the appellant that appellant is a first offender who was, not creating disturbance at a public place, he did not harm any one nor did he cause damage to any property. In the circumstance of the case, I am of the view that the purpose of law and the ends of justice will be met if the appellant is released on probation for a period of one year on the following conditions:‑ ---
"He shall enter two bonds, in the sum of Rs.10,000 with two sureties each in the like amount with an undertaking not to commit any offence, abstain from intoxicants and gambling, keep peace, be of good behaviour and appear before the Court and receive the sentence if called upon during the period. The bonds shall be submitted to the satisfaction of the trial Court, Gujrat, within a fortnight. A copy of this order shall be sent to the trial Court, who shall inform this Court after 28th of November, 1986, if the bonds have been filed or not."
The appellant shall also appear before the Probation Officer, Gujrat, once a month. The Probation Officer shall keep watch on him and submit a quarterly report to this Court. The appellant shall not change his present address.
The case to come up with the reports of the Probation Officer after one year.
S. A. Appeal dismissed.
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