| Citation(s) |
|---|
| 1982 SLG 401 1982 SLD 401 1982 SCMR 629 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No.452 of 1981, decision dated: 1st February, 1982. (Against the order of the Lahore High Court dated 30-9-1981, passed in Criminal Appeal No. 663 of 1979- and Murder Reference No. 169 of 1979)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND M.S.H. QURESHI, JJ
M. Afzal Wattoo Advocate Supreme Court With Iqbal Ahmed, Qureshi, Advocate-on-Record for Petitioner. Nemo for the State.
Criminal Petition for Special Leave to Appeal No.452 of 1981, decision dated: 1st February, 1982. (Against the order of the Lahore High Court dated 30-9-1981, passed in Criminal Appeal No. 663 of 1979- and Murder Reference No. 169 of 1979)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND M.S.H. QURESHI, JJ
M. Afzal Wattoo Advocate Supreme Court With Iqbal Ahmed, Qureshi, Advocate-on-Record for Petitioner. Nemo for the State.
MIANKHAN
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)----S. 498-Bail-High Court reducing sentence to one already undergone but enhancing fine-Prayed that substantive sentence of imprisonment having come to an end petitioner remained suffering sentence in default of payment of fine hence entitled to be released on bail till decision of petition for leave to appeal-Deposit of fine as pointed out by Court, not being agreed to by any one an petitioner's behalf, no good ground for grant of bail held, made out. ORDER ASLAM RIAZ HUSSAIN, J.---Mian Khan petitioner was tried along with some others. and convicted under sections 302 and 307, P. P. C: He was sentenced to imprisonment for life and a fine of Rs. 2,000 or in default to undergo further R. I. for one year. Under section 34, P. I. C. he was sentenced to 3 years' R. I. and a fine of Rs. 1,000 or in default of payment thereof he was ordered to undergo six months' R. I. 2. On appeal the High Court acquitted him of the offence under section 302, P. P. C. and altered his conviction from Ss. 307, P. P. C. to 326. P. P. C. and it was ordered that the sentence already suffered by him would meet the ends of justice. It, however, enhanced the fine to Rs. 5,000. On recovery the fine was ordered to be paid as compensation to Maqsood Ahmad P. W. the victim of the assault. 3. Mian Khan petitioner has filed a petition for leave to…
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