1971 P Cr (PLP)
KHALID-LATIF alias GOGA — Petitioner Versus THE STATE-Respondent
| Citation | 1971 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | KHALID-LATIF alias GOGA — Petitioner Versus THE STATE-Respondent |
Q1: What are the key laws and sections cited in 1971 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1971 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1971 P Cr (PLP) (KHALID-LATIF alias GOGA — Petitioner Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mohd. Afzal Siddiqui for Petitioner.
Headnotes / Summary
S. 5- -Release on probation
Accused not previous convict and sole bread winner of family-- Sentence of six months substituted by probation order-Penal Code (XLV of 1860), S. 411.
Judgment & Decree
Khalid Latif petitioner, a young man of 22 years of age, was convicted by the trial Magistrate for an offence tinder, section 411, P. P. C., for having been found in possession of, three loud speakers, stolen from the Muslim High School valued at Rs.
96. He was awarded a sentence of six months' R. I. Having failed in. appeal he has preferred the present revision petition.
2. Learned counsel does not challenge the conviction on merits but has only prayed that in -view of the fact that the petitioner is not a previous convict' and has recently lost his father who died on the 21st of November 1970, as indicated by the death certificate placed on the record the sentence of six months' R. I. may be substituted by a probation order. It is submitted that he is the sole bread-winner of the, family and that the ends of justice would be fully .met by a probation order under section 5 of the Probation Offenders Ordinance (No. XLV 1960).
3. Having regard to the facts and circumstances of the case I see no objection to the substitution of the sentence of imprisonment by a probation order as prayed on behalf of the petitioner. He has no previous conviction to his discredit and with the demise of his father on the 21st of November 1970, the entire family has become dependent on him. Accordingly, I allow this petition and direct that the learned Assistant Commissioner. Lahore, shall pass a proper probation order under section 5 of Ordinance No. XLV of 1960 In accordance with the provisions contained therein. The petitioner shall be released as soon as the probation order is made by the learned, Magistrate after he has executed a bond in terms of the provisos to clause (b) of subsection (1) of section S of the aforesaid Ordinance.