2008 PLP 945 (YLR)

Through this petition following prayer has been made:

"In the light of the submissions made above any order or direction may graciously be issued to the respondents to include the remissions legally granted and earned by the petitioner and the same be ordered to be entered in the remissions sheet/Jail Roll of the petitioner from the time of his arrest. The cancellation of the remissions may graciously be set aside. Any other relief to which the petitioner is entitled from the facts and circumstances narrated above may also be granted to the petitioner in the prime interest of justice and the petitioner be ordered to be released from jail at the earliest."

2. The learned Law Officer after going through the record submits that the petitioner has already undergone his sentence of imprisonment and he is behind the bars for non-payment of compensation liable to be paid by the petitioner in view of the judgment dated 20-8-2002 passed by this Court while deciding M.R. No.291 of 1998.

3. Learned counsel submits that he would be satisfied if some time limit is fixed for keeping the petitioner behind the bars, in case he fails to pay compensation. Learned Law Officer has no objection.

4. Record of this case reveals that the petitioner and his co-accused were tried by Additional Sessions Judge, Sheikhupura in case F.I.R. No.149, dated 25-3-1995 for the offence under sections 302/337-A(i)(ii)/34, P.P.C. registered at Police Station, A. Division, Sheikhupura who vide judgment dated 23-4-1998 while convicting them under section 302(a), P.P.C. read with section 34, P.P.C. awarded death sentence to each of them. They were also sentenced under Sections 337-A(i)/337-A(ii) read with Section 34 P.P.C. and sentenced to one year R.I on each count. The trial Court also directed them to pay Rs.2,000 each as Daman and Rs.5,000 each as Arsh. Appeal against the said judgment i.e. Crl. Appeal No.380/1998 filed by convicts and Reference made by the Trial Court i.e. M.R. No.291 of 1998, were decided by Division Bench of this Court vide judgment dated 20-8-2002. The appellate Bench while dismissing the appeal converted the sentence of the petitioner to imprisonment for life 'with the benefit of section 382-B, Cr.P.C. The petitioner was also directed to pay Rs.50,000 as compensation under section 544-A, Cr.P.C. We have observed that due to some clerical error the period to be undergo by the petitioner in case he fails to pay the compensation does not find mention in the judgment of Appellate Court accordingly, while rectifying the said error it is directed that in default of payment of compensation the petitioner shall further undergo three months S.I. it is further directed that the amount of compensation is recoverable from the petitioner as arrear of land revenue. With this correction in the said judgment this petition stands disposed of. H.B.T./M-629/L Order accordingly.