AZEEM BAKHSH Versus THE STATE

ORDER

The facts giving rise to this criminal revision briefly are that Azeem Bakhsh petitioner was tried under section 452/324, P.P.C. by the Magistrate 1st Class Bahawalpur. On the conclusion of the trial he was convicted under section 452 and 324, P.P.C. and sentenced to six months' R.I. on each count. The sentences were ordered to run consecutively. On appeal filed by the petitioner the learned appellate Court while maintaining the convictions and the sentences of the petitioner ordered that the sentences would run concurrently, hence this petition. Learned counsel for the petitioner has not challenged the conviction and rightly so because there is ample reliable evidence against the petitioner in proof of the commission of offence under section 452 and 324, P.P.C. Learned counsel has requested for reduction in sentence. Learned counsel for the State has opposed him on the ground that the petitioner has alre?dv been leniently dealt with.

2. I have considered the submissions made by the learned counsel for the parties with care. I find that the case was registered in the year 1983, that the petitioner has undergone agony of a criminal case for about 5 years; that he remained in Jail for some days as under‑trial prisoner; that on his conviction by the Magistrate 1st Class, he remained in Jail as convict for 7 days and that after rejection of his appeal he was taken into custody and sent to Jail where he remained for 24 days. In these circumstances I do not feel inclined to send him to Jail after about 4 years of the decision of his appeal. The remaining sentence of imprisonment, is therefore, altered to a fine of Rs. 1,000 in default 3 months' R.I. The petitioner will deposit the fine before the learned A.C. Bahawalpur within two weeks. The learned A.C. will summon Mst. Sardaran wife of Muhammad Ashraf caste Gazar r/o Janowala Police Station Musafar Khana to pay the amount of fine to her as compensation, under intimation to the Additional Registrar of this Court. In case the fine is not deposited within 7 days from today the learned A.C. Bahawalpur will issue warrants of arrest against the petitioner. On arrest, he will be sent to Jail to serve the sentence.

S.G.D./A‑417/L

Order accordingly.