2009 PLP 929 (MLD)
ASHIQ — Petitioner Versus THE STATE — Respondent
| Citation | 2009 PLP 929 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ASHIQ — Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2009 PLP 929 (MLD)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 929 (MLD)?
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: 2009 PLP 929 (MLD) (ASHIQ — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Masood Chishti for Petitioner.
Headnotes / Summary
S. 337-A(vi) & 337-N(2)
Nothing was on record to establish that the petitioner had any credentials or antecedents of being a previous convict, habitual or hardened, desperate or dangerous criminal
By virtue of provision of subsection (2) of S.337-N, P.P.C. the petitioner could not be awarded a sentence of imprisonment as Tazir
Occurrence in the case had taken place about thirteen years back and the petitioner had been facing the agony and anguish of a trial an appeal and present revision petition and he had repeatedly been in and out of the prison during all that period
Revision petition was partly allowed
Sentence of rigorous imprisonment for three years awarded to the petitioner as Ta'zir for an offence under S.337-F-(vi), was set aside.
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.
Ashiq petitioner was convicted for an offence under section 337-A(vi), P.P.C. vide judgment, dated 14-6-2004 rendered by the learned Magistrate section 30, Arifwala, District Pakpattan Sharif and was sentenced to pay Daman of Rs.10,000 to the injured victim and to undergo rigorous imprisonment for three years as Ta'zir. The benefit under section 382-B, Cr.P.C. was extended to him. The petitioner preferred an appeal in that regard that his appeal was dismissed by the learned Additional Sessions Judge, Arifwala, District Pakpattan Sharif vide judgment, dated 22-3-2005. Hence, the present revision petition before this Court.
2. There is nothing available on the record of this case to establish that the petitioner had any credentials or antecedents of being "a previous convict, habitual or hardened, desperate or dangerous criminal" and, thus, by virtue of the provisions of subsection (2) of section 337-N, P.P.C. he could not be awarded a sentence of imprisonment as Ta'zir. The occurrence in this case had taken place about thirteen years ago and the petitioner has been facing the agony and anguish of a trial, an appeal and the present revision petition and he has repeatedly been in and out of the prison during all this while. In these circumstances this revision petition is partly allowed and the sentence of rigorous imprisonment for three years awarded to the petitioner as Ta'zir for an offence under section 337-F(vi), P.P.C. is set aside. The petitioner has already been admitted to bail during the pendency of this revision petition on 1-7-2005 subject to deposit of Daman of Rs.10,000 with the learned trial Court or to pay the same to the injured victim and upon deposit of the same he has already been released from the jail and is present before this Court in person today. This revision petition, thus, needs no further action and the same is, therefore, disposed of in the terms observed above. The bail bond and sureties of the petitioner shall stand discharged. H.B.T./A-122/L Order accordingly.