ASHIQ vs THE STATE
This criminal revision petition challenges the concurrent judgments of the lower courts whereby the petitioner was convicted under section 337-A(vi) of the Pakistan Penal Code 1860 and sentenced to Daman and rigorous imprisonment as Ta'zir, with the benefit of section 382-B of the Code of Criminal Procedure 1898. The core legal question was whether a sentence of imprisonment as Ta'zir could be legally sustained against the petitioner given his antecedents and statutory restrictions. The Lahore High Court held that since there was nothing on record to establish that the petitioner was a previous convict, habitual, hardened, desperate, or dangerous criminal, he could not be awarded a sentence of imprisonment as Ta'zir by virtue of section 337-N(2) of the Pakistan Penal Code 1860. Consequently, the Court partly allowed the revision petition, setting aside the sentence of rigorous imprisonment while maintaining the Daman, taking into consideration the passage of thirteen years since the occurrence and the prolonged agony of the trial and appellate proceedings.
- Whether a sentence of imprisonment as Ta'zir can be awarded to an offender who is not a previous convict, habitual, or hardened criminal under the provisions of the Pakistan Penal Code 1860?
- Can the High Court set aside a sentence of rigorous imprisonment in revision when the petitioner has no antecedents of being a dangerous criminal and has faced prolonged trial proceedings?
- Section 337-A(vi), Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
- Section 337-N(2), Pakistan Penal Code 1860
- Section 337-F(vi), Pakistan Penal Code 1860
' ASIF SAEED KHAN KHOSA, J.---Ashiq petitioner wa convicted for an offence under section 337-A(vi), P.P.C. Vide judgment, dated 14-6-2004 rendered by the learned Magistrate section 30, Arifwala, District Pakpattan Sharif and was sentenced to pay Daman of Rs,10,000 to the injured victim and to undergo rigorous imprisonment for three years as Ta'zir. The benefit under section 382-B, Cr.P.C.
Was extended to him. The petitioner preferred an appeal in that regard that his appeal was dismissed by the learned Additional Sessions Judge, Arifwala, District Pakpattan Sharif vide judgment, dated 22-3-2005. Hence, the present revision petition before this Court.
2. There is nothing available on the record of this case to establish that the petitioner had any credentials or antecedents of being "a previous convict, habitual or hardened, desperate or dangerous criminal" and, thus, by virtue of the provisions of subsection (2) of section 337-N, P.P.C.
He could not be awarded a sentence of imprisonment as Ta'zir. The occurrence in this case had taken place about thirteen years ago and the petitioner has been facing the agony and anguish of a trial, an appeal and the present revision petition and he has repeatedly been in and out of the prison during all this while. In these circumstances this revision petition is partly allowed and the sentence of rigorous imprisonment for three years awarded to the petitioner as Ta'zir for an offence under section 337-F(vi), P.P.C. Is set aside. The petitioner has already been admitted to bail during the pendency of this revision petition on 1-7-2005 subject to deposit of Daman of Rs,10,000 with the learned trial Court or to pay the same to the injured victim and upon deposit of the same he has already been released from the jail and is present before this Court in person today. This revision petition, thus, needs no further action and the same is, therefore, disposed of in the terms observed above. The bail bond and sureties of the petitioner shall stand discharged.