INAYAT and 3 others vs THE STATE
This criminal revision before the Lahore High Court challenged the judgment of the Additional Sessions Judge, Mandi Bahauddin, which had accepted the complainant's revision petition by enhancing the Daman amount from Rs.5,000 to Rs.15,000 while maintaining the petitioners' convictions under Sections 337-F(iv) and 337-F(vi) of the Pakistan Penal Code 1860 and their sentences of 1-1/2 years' rigorous imprisonment, alongside benefit under Section 382-B of the Code of Criminal Procedure 1898. The primary issue before the High Court was whether the substantive sentence of imprisonment should be reduced given that the convicts had already served a major portion of their term. The High Court dismissed the challenge against the conviction but modified the sentence of imprisonment, reducing it to the period already undergone while keeping the fine intact, on the ground that serving a major portion of the sentence justified such reduction to meet the ends of justice.
- Whether the court may reduce a substantive sentence of imprisonment to the period already undergone if the convict has already served out a major portion of the sentence?
- Section 337-F(iv), Pakistan Penal Code 1860
- Section 337-F(vi), Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
' FAZAL-E-MIRAN CHAUHAN, J.---This criminal revision is directed against the judgment, dated 31-3- 2006 passed by the learned Additional Sessions Judge, Mandi Bahauddin, whereby he accepted the revision petition of respondent/complainant and enhanced the amount of Daman of Rs.5,000 to Rs.15,000 and maintained conviction under sections 337-F(iv) and F(vi), P.P.C. And sentenced the petitioner for 1-1/2 years R.I. Benefit of .Section 382-B, Cr.P.C. Was also granted to them.
2. The learned counsel for the State has not seriously opposed the prayer made by the learned counsel for the appellants.
3. Heard. Record perused.
4. The appellants have already served out a major portion of their sentence, therefore, reduction in the sentence to the period already undergone by them will meet the ends of justice. Accordingly, I dismiss the appeal to the extent of petitioner's conviction recorded by the trial Court but allow the same prayer to the extent of their sentence of imprisonment which is hereby reduced to the one already undergone by him. Sentence of fine is however maintained.
' With the above modification in the sentence, this appeal stands disposed of.
Sentence reduced. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.