1986 P Cr (PLP)

‑‑‑S. 411‑‑Sentence, reduction in‑‑Petition coming up after almost fourteen years‑‑Accused facing protracted trial and agony of apprehension of dismissal of their petition.‑‑Accused 's sentence reduced to imprisonment of 21 days already undergone by them, in circumstances of case. Hafiz Ghulam Bari for Petitioners. Noor Muhammad Paris for the State. Date of hearing: 27th January, 1986. This is a revision petition filed by Ghara and Muhammad Ali, petitioners, against the judgment of an Additional Sessions Judge of Lyallpur, dated 26‑5‑1971, dismissing their appeal. Earlier, a First Class Magistrate of Samundari, by his judgment, dated 31‑7‑1970, had convicted the petitioners under section 411, P.P.C. and sentenced them to six months rigorous imprisonment each.

2. I need not go into the merits of this case, as Hafiz Ghulam Bari, Advocate for the petitioners, does not challenge the conviction, but only prays for the reduction of the sentences of the petitioners to that already undergone, due to the special features of the case. Learned counsel for the petitioners submits that the petitioners have already undergone detention for twenty days, both as under trial prisoners and as convicts. 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 petitioners now to jail to serve out the remaining portions of their sentences. It is lastly contended that the petitioners have undergone the agony of a: protracted trial and appellate proceeding and also the agony arising out of the apprehended dismissal of this petition bath 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 petitioners under section

411. P.P.C., but in view of the special circumstances of the case, I would reduce their sentences to that already undergone, but would impose a fine of Rupees five hundred (Rs.500) each on the petitioners. In case the fines are not paid, the petitioners shall undergo further rigorous imprisonment for three months each. The petitioners are on bail. Subject to their paying fine, their bail bonds shall stand discharged. This petition, therefore, stands partly accepted, in terms of reduction in the sentences though with imposition of fine, as stated above. S.G.D. Order accordingly.