1990 PLP 320 (SCMR)
JAN MUHAMMAD‑ ‑Appellant Versus THE STATE‑‑Respondent
| Citation | 1990 PLP 320 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah, Shafiur Rahman |
| Parties | JAN MUHAMMAD‑ ‑Appellant Versus THE STATE‑‑Respondent |
Q1: What are the key laws and sections cited in 1990 PLP 320 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 320 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah, Shafiur Rahman.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 320 (SCMR) (JAN MUHAMMAD‑ ‑Appellant Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- S. Zahur‑ul‑Haq, Advocate Supreme Court and Sh. A. Karim, Advocate -on‑Record (since dead) for Appellant.
- Date of hearing: 21st May, 1989.
- Muhammad Nawaz Abbasi, Assistant Advocate‑General (Punjab) for the State.
- The learned Advocate‑General, Punjab, who appeared on behalf of the State, does not oppose this prayer.
Headnotes / Summary
(On appeal from the judgment dated 29‑3‑1977 of the Lahore High Court in Criminal Revision No. 936/76). (a) Criminal Procedure Code (V of 1898)‑‑ ‑‑‑S.439‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Leave to appeal was granted to consider whether High Court was right in dismissing the revision petition ex parte and also to consider the merits of the case. (b) Penal Code (XLV of 1860)‑‑ ‑‑‑S.498‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Appeal came up for hearing after 12 years‑‑‑Sword of Democles had been hanging over head of accused during all that period‑‑‑Sentence of two years reduced to already undergone in circumstances. Muhammad Nawaz Abbasi, Assistant Advocate‑General (Punjab) for the State.
Judgment & Decree
‑‑‑S.498‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Appeal came up for hearing after 12 years‑‑‑Sword of Democles had been hanging over head of accused during all that period‑‑‑Sentence of two years reduced to already undergone in circumstances. S. Zahur‑ul‑Haq, Advocate Supreme Court and Sh. A. Karim, Advocate -on‑Record (since dead) for Appellant. Muhammad Nawaz Abbasi, Assistant Advocate‑General (Punjab) for the State. Date of hearing: 21st May, 1989. NASIM HASAN SHAH, J.‑‑Briefly the facts, which form the background of this appeal are that on 30‑10‑1974 Allah Ditta PW filed a complaint against the appellant herein and three others under section 498, P.P.C. wherein he alleged that the appellant had enticed away his wife Mst. Walayat Begum 8/9 months prior to the filing of the complaint. The learned trial Magistrate found that this allegation was established and the appellant was convicted on 23‑9‑1976 under section 498, P.P.C. and sentenced to two years, R.I. The appellant filed an appeal against this judgment which was also dismissed vide judgment of the learned Sessions Judge dated 9‑10‑1976. He then approached the High Court by a revision petition. However, when the revision petition came up for hearing before the High Court the appellant's counsel was not present and despite waiting for him he did not turn up. Accordingly, the petition was decided ex parte and was dismissed on 29‑3‑1977. Leave to appeal was granted to consider whether the learned Judge in the High Court was right in dismissing the revision petition ex pane and also to consider the merits of the case. We observe that leave was granted on 5‑12‑1977 and that this appeal has come up for hearing today namely some 12 years later. The learned counsel for the appellant submitted that the sword of Democles has been hanging over his head during all this period and submits that he has already suffered enough and states that even if he is held guilty his sentence may be reduced to that already undergone. The learned Advocate‑General, Punjab, who appeared on behalf of the State, does not oppose this prayer. We also feel that in all circumstances of the case, the ends of justice will .be satisfied if while maintaining the conviction the sentence of the appellant is reduced to that already undergone by him. The appeal is, accordingly, allowed in part. The appellant's conviction under section 498, P.P.C. is maintained but his sentence is reduced to that already undergone. The bail bonds shall stand discharged accordingly. M.AX/J‑57/S Order accordingly.