PLJ 2022 Cr.C. (Note) 132
Pakistan Arms Ordinance, 1965 (XX of 1965)--
----S. 13--Criminal Procedure Code, (V of 1898), Ss. 435/439--Criminal revision--Conviction and sentence--Challenged--Appeal dismissed, hence revision petition--Allegation--A rifle 12 bore bump action and four rounds were recovered from petitioner and could not produce any license or permit--Modification in sentence--Petitioner is crawling in corridors of Courts as justice seeker since 2009--As stated supra, his probable date of release is 03.07.2015, if fine paid, as such, he has served out his major portion out of total sentence--Since case was registered against petitioner he was convicted and sentenced in year 2011 and at that time, his case comes with proviso of Pakistan Arms Ordinance, 1965--Petitioner’s case comes within proviso of Pakistan Arms Ordinance, 1965, as stated supra--Thus considering all this and in view of no objection by learned Prosecutor while maintaining conviction, taking a lenient view, his quantum of sentence under Section 13 of Pakistan Arms Ordinance XX of 1965 is reduced from 02 years R.I. to period he had already undergone--Sentence of petitioner regarding fine amount is modified and enhanced from Rs. 10,000/- to Rs. 20,000/-, which shall be paid by petitioner within one month--Revision dismissed.
[Para 6] A & B
Mr. Falak Sher Bakhsh Gill, Advocate for Petitioner
Ms. Noshe Malik, Deputy Prosecutor General for Complainant/ State.
Date of hearing: 16.3.2021.
PLJ 2022 Cr.C. (Note) 132
[Lahore High Court, Lahore]
Present: Anwaarul Haq Pannun, J.
BATI--Petitioner
versus
STATE etc.--Respondents
Crl. Rev. No. 154 of 2014, heard on 16.3.2021.
Judgment
Through this criminal revision petition underSections 435/439, Cr.P.C., the petitioner Bati has challenged the vires of judgments dated 10.12.2011 and 04.02.2014, passed by learned trial Court and lower appellate Court respectively in case/FIR No. 59, dated 11.03.2009, offence under Section 13 of Pakistan Arms Ordinance XX of 1965, registered at Police Station Jhawarrian, District Sargodha. The petitioner has been convicted and sentenced by learned Magistrate 1st Class, Shahpur, vide impugned judgment dated 10.12.2011 as under:
Under Section 13 of Pakistan Arms Ordinance XX of 1965
02-years R.I alongwith fine of Rs. 10,000/-, failing which, he will further undergo one month S.I. Benefit of Section 382-B, Cr.P.C. is given to the convict.
Feeling aggrieved of the aforesaid judgment, the petitioner filed a criminal appeal before learned Addl. Sessions Judge, Sargodha, which was dismissed vide impugned judgment dated 04.02.2014.
2. Precisely, the prosecution’s case is that upon personal search of the appellant, a rifle 12 bore pump action’ and four rounds were recovered from his possession, for which, he could not produce any license or permit.
3. Learned counsel for the petitioner contends that the instant case is a progeny of a criminal case/FIR No. 53 dated 28.03.2008, offence under Sections 324/337-F(iii)/337-F(vi)/34, PPC, registered at Police Station Jhawarian, Tehsil Shahpur, District Sargodha. After payment of Daman etc. in view of judgment dated 18.07.2014, passed by this Court, the petitioner has been released. Learned counsel for the petitioner submits that the petitioner does not contest his conviction and only craves for reduction of his sentence as he has already undergone.
4. Learned Deputy Prosecutor General for the State has half- heartedly opposed the aforesaid contention of learned counsel for the petitioner and requested for dismissal of the titled vision petition.
5. Arguments heard. Record perused.
6. I have gone through the record appended with this petition. No illegality or impropriety is found in the impugned judgments. On directions of this Court, learned Deputy Prosecutor General has produced a report of the Superintendent District Jail Shahpur bearing No. 3741 dated 16.03.2021, according to which, the petitioner has been released on bail on 13.12.2014. Perusal of order dated 08.12.2014 reveals that as per report of Superintendent, District Jail Shahpur, the petitioner has served out major portion of his sentence and his probable date of release is 03.07.2015, if fine paid, thus his sentence was suspended on this ground. It has been noticed that the petitioner is crawling in the corridors of the Courts as justice seeker since 2009. As stated supra, his probable date of release is 03.07.2015, if fine paid, as such, he has served out his major portion out of the total sentence. Since the case was registered against the petitioner on 11.03.2009, he was convicted and sentenced in the year 2011 and at that time, his case comes with the proviso of the Pakistan Arms Ordinance, 1965, for which punishment is provided as “imprisonment for a term which may extend to [seven years, or with fine, or with both.” Thereafter, Punjab Arms (Amendment) Act, XV of 2015 promulgated on 18.03.2015, according to which punishment for aforesaid offence is provided as “imprisonment for a term which shall not be less than two years and which may extend to seven years and with fine.” But this amendment has no retrospective effect, therefore, the petitioner’s case comes within the proviso of the Pakistan Arms Ordinance, 1965, as stated supra. Thus considering all this and in view of no objection by the learned Prosecutor while maintaining the conviction, taking a lenient view, his quantum of sentence under Section 13 of Pakistan Arms Ordinance XX of 1965 is reduced from 02 years R.I. to the period he had already undergone. However, the sentence of the petitioner regarding fine amount is modified and enhanced from Rs. 10,000/- to Rs. 20,000/-, which shall be paid by the petitioner within one month and in default thereof, he shall further undergo one month S.I. The petitioner is granted one month’s time to deposit the enhanced amount of fine, and also submit surety bonds equal to the value of fine i.e. Rs. 20,000/- to the satisfaction of learned trial Court, failing which, he shall be taken into custody and shall be dealt with in accordance with law. With the above modification, the instant criminal revision petition stands dismissed.
(A.A.K.) Revision dismissed
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