Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Correction/Rectification of the orders of High Court--Held: S. 561-A, Cr.P.C. empowers the High Court to rectify its own order, if relevant fact has mistakenly been not recorded in the same, which effect the right of party. 2000 P.Cr.L.J. 1516, rel. THIS ORDER PASSED BY: JAMAL KHAN MANDOKHAIL, JUSITCE---.--- C.M.A. No. 14 of 2009 The applicant has filed instant application, seeking correction in the order dated 05.12.2008 passed by this Court in Cr. A. No. 103 of 2008, wherein while reducing the sentence of appellant from three years R.I. to that of already undergone, nothing has been mentioned in respect of sentence of fine of Rs.50,000/-imposed by Addl: Sessions Judge, Killa Abdullah at Chaman vide judgment dated 21.11.2008. 2. Learned counsel for applicant has submitted that the applicant has deposited the amount of fine under objection, because he was not allowed to be released. He has next contended that this Court while deciding the fate of appeal, has clearly mentioned that the appellant shall be released forthwith, therefore, it amounts to setting aside the portion of judgment regarding fine, as such, the amount of fine deposited by him may be refunded. 3. Learned P.G. has vehemently opposed the arguments of learned counsel for the appellant and submitted that fine as imposed by the trial Court has rightly been deposited by the appellant. The learned State counsel has also filed an application for review of the order dated 05.12.2008 of this Court. 4. I have considered the contentions put forth by the learned counsel for the parties and have gone through the record as well as earlier order dated 5.12.2008 passed by this Court, relevant portion of the same is reproduced herein below: "There is nothing on record, which could suggest that appellant was previous convict or habitual offender and the fact that he has been acquitted from the main case and appellant has already been in custody for more than four months, in my considered view, the sentence awarded by learned Additional Sessions for, keeping .22 bore pistol and two cartridges is too excessive, as such; I am inclined to reduce sentence of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492