Ashiq petitioner was convicted for an offence under Section 337- A(vi), PPC vide judgment dated 14.06.2004 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 but his appeal was dismissed by the learned Additional Sessions Judge, Arifwala, District Pakpattan Sharif vide judgment dated 22.03.2005.
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 preous convict, habitual or hardened, desperate or dangerous criminal" arid, thus, by virtue of the provisions of sub-section (2) of Section 337-N, PPC 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), PPC is set aside. The petitioner has already been admitted to bail during the pendency of this revision petition on 01.07.2005 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.