Law: Probationof offender Ordinance, 1960

Section: 5,5(1)(a)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 438,216A,328,382,386,387,388,392,393,397 ,398,399,401,402,455,458

Probation of Offenders Ordinance (XLV of 1960)--- ----S. 5---Penal Code (XLV of 1860), S. 438---Constitution of Pakistan, Art.199---Constitutional petition---Release on probation---All accused (respondents) confessed their guilt during course of trial and Trial Court recorded their confession and released them on probation for a period of one year subject to furnishing of surety bond---Complainant (petitioner) filed revision petition before the court below against the probation order after a period of one year and three months, which was dismissed on the grounds that it was time barred by limitation; that accused persons had faced the agony of the trial for seven years and that they had also completed their probation period---Validity---Section 438, P.P.C did not fall within the exception provided under S.5(1)(a) of the Probation of Offenders Ordinance 1960, therefore, Trial Court was authorized to pass the probation order of releasing the accused on probation---Revision filed against the probation order was rightly dismissed keeping in view the fact that same was filed after about fifteen months of passing of the probation order as well as after expiry of probation period completed by the accused, who faced the agony of the trial for seven years---Punishment provided under S.438, P.P.C was to be interpreted in favour of the accused to exclude the offence from falling within the exception envisaged under S.5(1)(a) of the Probation of Offenders Ordinance 1960---Complainant had no case to invoke the constitutional jurisdiction of the High Court to interfere with the impugned orders lawfully passed by the courts below---Constitutional petition was dismissed. ORDER ABDUS SATTAR ASGHAR, J.---Ghulam Qadir petitioner has invoked the constitutional jurisdiction of this Court under Article 199 to impugn the validity of the order dated 24-6-2009 passed by learned Magistrate section 30 Phalia District Mandi Baha-ud-Din whereby after recording the confessional statement of accused/respondents Nos.4 to 15 they were released on probation for a period of one year subject to furnishing of surety bond. He has also assailed the order dated 17-8-2011 passed by learned Additional…

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