Law:

Section:

Penal Code (XLV of 1860)--- ----S.228---Criminal Procedure Code (V of 1898), S.481(2)---Intentional insult or interruption to public servant sitting in judicial proceeding---Appreciation of evidence---Contempt proceedings---Facts, non-recording of---Accused was practising lawyer and it was alleged that he had interrupted Trial Court during Court proceedings, in presence of three other lawyers---Trial Court convicted accused without recording statement of any witness and sentenced him to fine---Validity---Trial Court passed in hasty manner without recording statements of even lawyers present in Court---No proper time even till rising of Court was granted to accused to present his defence and explain circumstances as well as reasons behind his action---Benefit of doubt went in favour of accused as neither witnesses were recorded nor enough time was granted to accused to file reply to show cause notice and put up his defence and required procedure was not adopted---High Court extended benefit of doubt to accused and acquitted him of the charge, as exact action of interruption or insult was not explained as required under S. 481(2), Cr.P.C.---Appeal was allowed in circumstances. Rab Nawaz v. The State 2011 SCMR 1485; Fayyaz Hussain v. Tariq Mehmood Iqbal Khan 2006 YLR 1442; Jahangir Akhtar v. The State 2005 MLD 613; Haji Khawar Saleem v. The State 2000 SCMR 1856; Muhammad Mushtaq v. The State PLD 2003 SC 19 and Agha Siraj Khan Durrani v. The State 2000 PCr.LJ 1329 ref. JUDGMENT ALI BAQAR NAJAFI, J.---This appeal is directed against the judgment dated 1-7-2013 passed by the learned Additional Sessions Judge, Toba Tek Singh, whereby the appellant was convicted under section 228, P.P.C. and imposed a fine of Rs. 200 or in default of payment thereof to undergo simple imprisonment for one month. 2. The brief facts giving rise to the filing of this appeal are that on 1-7-2013, the learned Presiding Officer was hearing a civil revision when the appellant interrupted the proceedings and started addressing the court by using inappropriate words in a loudly voice alleging that the court has not decided the petition under sections 22-A/ 22-B, Cr.P.C. filed by the appellant by…

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