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BISMILLAH JAN versus THE STATE


West Pakistan Arms Ordinance 1965 Section 13 West Pakistan Probation of Offenders Ordinance (XLV of 1960), Section 4 Criminal Procedure Code (V9 1898), Sections 439 and 561 were prosecuted and Trial 13 of the Trial Ordinance, 1965. Has been heard. The accused was ordered to be released during the trial after selling 10 cartridges of 7 62 mm caliber and after the defendant was first convicted, release of the accused against the trial order. Order, the appellate court not only upheld the conviction and sentence of the accused, but also withdrew the probation privileges granted by the trial court to the trial court, as well as the appellate court failing to notice that The accused was sentenced to three years \ RI for selling only 7 of 10 cartridges. The 62 mm exception to the trial extending the category of offenders to the scope of section 4 of the Ordinance, 1960 was rendered very salutary, so the Appellate Court upheld the rule of law on the matter. The court erred in making a huge mistake in withdrawing the exemption of the trial filed by the accused because the appellate court had no legal justification for withdrawing the exception on the mere response report. If it was alleged that he was found guilty and sentenced to three years in prison, the court upheld the conviction, and his sentence had already been reduced.

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