1997 PLP 1411 (SCMR)
GHULAM ALI‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents
| Citation | 1997 PLP 1411 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saad Saood Jan, Actg. C.J. and Manzoor Hussain Sial, J |
| Parties | GHULAM ALI‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1997 PLP 1411 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 1411 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saad Saood Jan, Actg. C.J. and Manzoor Hussain Sial, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 1411 (SCMR) (GHULAM ALI‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Muhammad Abdul Saleem, Advocate Supreme Court and Muhammad Aslam Chaudhary, Advocate‑on‑Record for Petitioner.
- Tanvir Ahmad, Advocate‑on‑Record for Respondents.
- Date of hearing: 20th March, 1994.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, dated 24‑10‑1993, in Cr.A. No.479/1991). Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S. 420‑‑‑Criminal Procedure Code (V of 1898), S.345‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Complainant in Court affirmed that he had received his amount from the accused and his grievance stood redressed‑‑ Accused had defrauded the complainant by having deceitfully obtained Rs.1,13,000 from him and since he had committed the offence being a public servant, the same was not compounded‑‑‑However, since the complainant had compromised the matter and had received the entire amount from the accused, petition for leave to appeal was converted into appeal and sentence of three years' R.I. awarded to accused was reduced to the period already undergone by him with substantial reduction in fine.
Judgment & Decree
MANZOOR HUSSAIN SIAL, J.‑‑‑Ghulam Ali, the petitioner, and one Ahmad Khan were tried by Special Judge, Anti‑Corruption, Sargodha, on the charges under section 420/409/165, P.P.C. Ghulam Ali was found guilty on 12‑5‑1991, by the trial Court for an offence under section 420, P. P. C. He was convicted and sentenced to suffer R.I. for 3 years with a fine of Rs,10,000 in default whereof to undergo R.I. for 6 months. He preferred appeal against the order of this conviction which was dismissed on 24‑10‑1993, by a learned Single Judge in the Lahore High Court.
2. Aggrieved by the aforementioned orders he filed Criminal Petition No,504‑L of 1993, seeking leave to appeal from the aforesaid order of the High Court.
3. During the pendency of this petition an application, enclosed therewith an affidavit of Haji Abdullah complainant was moved testifying the fact that the matter has been compromised between the parties and seeking permission of the Court to compound the offence. This petition came up for hearing, before this Court on 22‑12‑1993 and an order was passed to the following effect;‑ "Learned counsel states that the parties have compromised the matter out of the Court. The person cheated is not present. Let him be summoned. The petition shall be listed for hearing after service of notice. "
4. The complainant is present and affirms that he had received the amount from Ghulam Ali convict and his grievance stands redressed. ,
5. We have, however, noticed that Ghulam Ali being a public servant had decietfully obtained Rs.1,13,000 from the complainant and thereby defrauded him. We ate, therefore, not inclined to compound the offence committed by him being a' public servant. Nevertheless in view of the statement made by the complainant that he has compromised the matter and had received the entire amount from the convict, we convert this petition into appeal and reduce the sentence imposed upon the petitioner to that already undergone by him and also reduce the amount of fine from 10,000 to Rs.200. The appeal in terms indicated above is disposed of. N.H.Q./G‑511/S Sentence reduced.