Skip to main content

Modification in quantum of sentence

 PLJ 2026 Cr.C. (Note) 84

[Lahore High Court, Multan Bench]

Present: Shehram Sarwar Ch., J.

MUHAMMAD HANIF--Petitioner

versus

STATE etc.--Respondents

Crl. Rev. No. 118 of 2022, decided on 24.6.2025.

Criminal Procedure Code, 1898 (V of 1898)--

----Ss. 435 & 439--Pakistan Penal Code, 1860 (XLV of 1860), S. 489-F--Criminal revision--Modification in quantum of sentence--Request reduction of sentence--Reappraisal of evidence--Rightly convicted by trial Court u/S. 489-F, PPC--The reduction of sentence of, considering peculiar circumstances of this case discussed above and agony of trial faced by him while maintaining his conviction under Section 489-F, P.P.C., his sentence is reduced to that already undergone by him--His surety stands discharged from liability of his bail bonds--Revision allowed. [Para 6] A

Mr. Muhammad Bilal But, Advocate along with Petitioner (on bail).

Malik Mudassar Ali, Deputy Prosecutor General for State.

Date of hearing: 24.6.2025.

Judgment

Muhammad Hanif (petitioner) has been tried by the learned Judge Small Claims and Minor Offences/Judicial Magistrate Sec.30, Multan in case F.I.R No. 258 dated 20.03.2019 offence under Section 489-F, P.P.C. registered at Police Station Qutub Pur, district Multan, and vide judgment dated 01.02.2022 he has been convicted under Section 489-F, P.P.C. and sentenced to undergo simple imprisonment for three years. Benefit of Section 382-B, Cr.P.C. was also extended in his favour.

2.       The petitioner being aggrieved of the above judgment preferred an appeal in the Court of learned Addl. Sessions Judge, Multan; which was dismissed vide judgment dated 05.04.2022.

3.       Heard. Record perused.

4.       At the very outset, learned counsel for the petitioner does not press the conviction of the petitioner and has requested for reduction of his sentence awarded by the learned trial Court to that already undergone by him, on the ground that he shall not repeat the offence in future. On the other hand, learned Law Officer has no objection for reduction of sentence of the petitioner in the above said offence.

5.       On reappraisal of evidence, I am of the view that the petitioner has rightly been convicted by the learned trial Court in offence under Section 489-F, P.P.C.

6.       Coming to the reduction of sentence of, considering the peculiar circumstances of this case discussed above and agony of trial faced by him while maintaining his conviction under Section 489-F, P.P.C., his sentence is reduced to that already undergone by him. His surety stands discharged from the liability of his bail bonds.

7.       With the above said modification in the quantum of sentence, this criminal revision is disposed of.

(A.A.K.)          Revision allowed

Comments

Popular posts from this blog

Co-sharer

Possession of one co-sharer in possession of all . 1998 MLD 857, 1857; 2006 YLR 831; 2008 SCMR 661, 616; 2008 SCMR 905. Co-sharer to establish right of co-heirship . 2008 MLD 278.  For  more , you can consult omara.khan789@gmail.com or call +923123450006

Entrustment of property and dishonest misappropriation of entrusted property

  PLJ 2026 SC 96 [Appellate Jurisdiction] Present:   Sardar Tariq Masood and Mazhar Alam Khan Miankhel, JJ. AYESHA TAYYAB--Petitioner versus STATION HOUSE OFFICER, POLICE STATION CANTT.DISTRICT SIALKOT, etc.--Respondents C.P. No. 1575 of 2024, decided on 22.5.2025. (On appeal against the order dated 08.03.2024 passed by the Lahore High Court, Lahore in Writ Petition No. 1684 of 2024) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 406--Constitution of Pakistan, 1973, Art. 199(1)(a)(ii)--Criminal Procedure Code, 1898 (V of 1898), S. 561-A--Quashment of criminal proceedings and Quashment of FIR--Entrustment of property and dishonest   misappropriation   of   entrusted   property--“Qarz-e-Hasna”--Amount was handed over as a loan/trust--High Court observed that no offence under section 406 PPC was made out from contents of FIR and proceeded to quash same under its constitutional jurisdiction conferred by Article 199--Contents of FIR determine whether a cogni...

Prosecution should be afforded fair opportunity of trial

  PLJ 2022 Cr.C. (Note) 42 [Balochistan High Court, Quetta] Present:  Muhammad Kamran Khan Mulakhail and Rozi Khan Barrech, JJ. Dr.  MUHAMMAD ARIF--Appellant versus MUHAMMAD ANWAR and 3 others--Respondents Crl. Acq. A. No. 461 of 2019, decided on 21.12.2020. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 265-K, 249-A & 417(2)--Jurisdiction u/S. 265-K, Cr.P.C.--Exercise of powers--Appeal against acquittal--The object of exercise of powers is to prevent abuse of law available to learned trial Court under sections 265-K and 249-A of Cr.P.C., however, in a case where sufficient, prima facie, evidence is available, powers may not be exercised as to throttle process of justice--The primary consideration to be kept in view would be whether continuance of proceedings before could be a futile exercise, wastage of time and abuse of process of Court or not--If on basis of facts admitted and a patent on record no offence can be made out, then it would amount to abuse of proc...