Law: Criminal Procedure Code (V of 1898)

Section: 556

Law: Penal Code (XLV of 1860)

Section: 370,75

  Criminal Procedure Code (V of 1898), S. 556-Accused in course of trial throwing filth at presiding officer and that officer filing separate complaint for fresh offence committed by accused-Case should normally be transferred to another Court even accused himself had not moved in the method-Sentence awarded to accused by such Magistrate-Reduced in appeal.   Habitual Offenders Act, 1918, S. 3-Person tried and convicted for offence under S. 379/75, P. P. C. Restriction on his movements under S. 3, Habitual Offenders Act, 1918 cannot be imposed without separate show-cause notice to him under that Act Penal Code (XI V of 1860), S. 379/75.   Dates of hearing: 17th and 22nd December 1965.  JUDGMENT   This is a Jail appeal filed by Nazar Muhammad appellant against the order of Syed Sarfraz Husain, Magistrate section 30, Lyallpur, dated 18th August 1962, whereby he convicted the appellant under section 379/75 of the Pakistan Penal Code and sentenced him to five years' R. I. Besides, it was ordered that the movements of the appellant be restricted for a period of three years after the expiry of sentence of imprisonment within the limits of police station Multan Cantt, and that he shall report at the police station on every Monday and Thursday between 4 to 6 p.m.   The appellant had prayed for an opportunity of being heardpersonally and was accordingly summoned for 17th December 1965, the date for which the case was originally fixed, but could not be argued owing to the absence of the State counsel, and since the appellant had been brought from Montgomery Jail, I allowed him an opportunity of making his submissions. He only stated that he had been falsely implicated in the case as the trial Magistrate was annoyed with him.   The background of the case is that the appellant was convicted by a Magistrate of Multan vide his order dated 19th January 1959 under section 379/75, P. P. C. and sentenced to undergo four years R. I. He while presumably on bail, picked the pocket of Ghulam Asghar, Overseer, on 19th July 1962 at about 8-30 p.m. at the bus stop near the gate of Jinnah Colony, Lyallpur, while the latter was coming out of the bus,…