Law: Criminal Procedure Code (V of 1898)

Section: 562

Criminal Procedure Code (V of 1898)----S.562-Release on probation under S. 562 after coming into force of Probation of Offenders Ordinance, 1960-Illegal - Probation of Offenders Ordinance (XLV of 1960), S. 16. Date of hearing: 1st November 1965.  JUDGMENT   This judgment will dispose of criminal references bearing Nos. 65 to 68 of 1965.   2. These are four references made by the learned District Magistrate, Larkana, who, while going through the monthly returns of the First Class Magistrate in his District came across four cases on the file of the Extra-Joint Civil Judge and F.C.M. Larkana bearing Nos. 27/64, 32/64, 33/64 and 34/64 all against the present two respondents in respect of offences under sections 379 and 411, P. P. C. The learned D. M. discovered that although these four cases had been disposed of by four separate judgments in the month of August 1964, nevertheless, the trial Magistrate had in each case let off the respondents/ accused upon their executing bonds under section 562, Cr. P. C. to be of good behaviour for 12 months despite the fact that this section of the Code of Criminal Procedure had been deleted from that Code by Ordinance XLV of 1960 (Probation of Offenders Ordinance 1960 published in the Gazette of West Pakistan (Extraordinary) of Ist November 1960. The Central Government by its Notification S. R. O. 608(K)61 published in the Gazette of Pakistan (Extraordinary) dated 12-6-1961 was pleased in pursuance of subsection (3) of section 1 of Ordinance XLV of 1960 to appoint the First day of July to be the date on which the said Ordinance shall come into force in West Pakistan. In view of this illegality perpetrated by the trial Magistrate the District Magistrate, Larkana, has referred these four cases to this High Court for appropriate orders.   I have heard Mr. Sarki on behalf of the State in each of thesereferences. The two opponents Malook and Saifal have duly been served with notices of todays' hearing and opponent Saifal is present in person. He stated that his elderly uncle Malook is lying ill at their village and hence was unable to come to Court today.   I observe that in three of these references…