| Case ID |
206548fd-322e-4120-ae7a-1c32c264e794 |
| Body |
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| Case Number |
Crl. A. No. S-37 and Crl. Rev. Appl. No. S-63 of 2 |
| Decision Date |
Sep 15, 2006 |
| Hearing Date |
Sep 01, 2006 |
| Decision |
The court maintained the conviction and sentence awarded to the appellants under the impugned judgment, but decided to send them on probation. The court acknowledged that the appellants were first offenders and the incident occurred in the heat of the moment without premeditation. It was found that sending the appellants to jail would expose them to hardened criminals, which could lead to negative influences. Instead, by placing them on probation, the court aimed to rehabilitate them and ensure they do not commit further offenses. The probation period was set for three years for the appellant Laiqur Rahman, who is old and infirm, and two years for the remaining appellants, contingent upon them executing required bonds and surety. |
| Summary |
This case revolves around a violent altercation that occurred on March 18, 1999, involving multiple appellants and the complainant, Syed Zair Ali. The complainant confronted the appellants regarding construction materials obstructing his business, leading to an escalation where the complainant was physically assaulted. The court proceedings highlighted the roles of the appellants in the incident, corroborated by medical evidence of the complainant's injuries. Ultimately, the Sindh High Court decided to uphold the trial court's conviction while exercising leniency by sending the appellants on probation, recognizing their status as first offenders and the circumstances of the incident. This decision reflects a broader judicial approach towards rehabilitation over punishment, especially for those not previously involved in criminal activity. The ruling emphasizes the importance of context in criminal acts and the potential for rehabilitation through probationary measures. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
RAHMAT HUSSAIN, JAFFERI, J.
|
| Lawyers |
Mr. Ghulam Sarwar Korai,
Mr. Abdul Ghafoor Mirani,
Mr. Muhammad Mahmood S. Khan Yousifi
|
| Petitioners |
Ghulam Nabi,
ZAFAR IQBAL,
Laiqur Rahman,
Muhammad Yousuf
|
| Respondents |
STATE
|
| Citations |
2007 SLD 3029,
2007 PLJ 226
|
| Other Citations |
Not available
|
| Laws Involved |
Probation of Offenders Ordinance, 1960,
Pakistan Penal Code, 1860
|
| Sections |
5,
337-A(i),
337-A(iii)
|