Law:

Section:

Penal Code (XLV of 1860)-S. 411 Sentence Petitioner's revision petition against sentence of three months' R. I. dismissed by High Court-Petitioner later filing petition for correction of aforesaid and released on bail by High Court Such petition dismissed after more than Q years and sentence maintained Sending back of petitioner to serve remaining part of sentence in circumstances of case, held, not proper Sentence reduced to one already undergone. [Sentence]. ORDER NASIM HASAN SHAH, J. This petition is directed against the order dated 2 12 1980 of the Lahore High Court passed in Criminal Miscellaneous No. 304/M/74 and the order dated 1 2 1974 passed in Criminal Revision No. 592 of 1973. The petitioner was convicted under section 411, P. P. C. for dishonestly keeping the stolen property belonging to Sh. Abdul Hamid complainant (P. W. 1) and sentenced to three months' R. I. His appeal was dismissed. He, therefore, filed a,,criminal revision before the Lahore High Court. This revision was heard by a learned Single Judge (Mr. Justice Aslam Riaz Hussain) on 1 2 1974 and according to the learned counsel on the conclusion of the arguments the learned Judge by an oral order accepted the revision petition. However, some three months later the petitioner was sought to be arrested and then he obtained the copy of the judgment which showed that the revision petition had been dismissed. He, therefore, filed an application under section 561 A, Cr. P. C..(Cr. Misc. 304/M/74) praying for correction of the order dated 1 4 1974. This application was admitted to a regular hearing by the same learned Judge on 26 4 1974 and the petitioner was, in the meanwhile, released on interim bail. The aforesaid application came up for hearing some six years later before another learned Judge of the Lahore High Court as, in the meantime, Mr. Justice Aslam Ria2 Hussain had been elevated to the Supreme Court of Pakistan. The learned Judge, by his order dated 2 12 1980, dismissed the said application observing that the impugned judgment was a well considered and reasoned judgment which was duly signed by the learned Judge. Moreover, be was not competent to review the said judgment under section…

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