' The petitioners, Sultan alias Jagga son of Mahni and Zulfiqar alias Zulli son of Shamira, were convicted by the learned A.C./S.D.M., Kamalia under section 411, P.P.C. And were sentenced to undergo one year's R.I. Each plus a fine of Rs,100 each or in default thereof to undergo further S.I. For three months vide his judgment dated 17-11-1987. The petitioners challenged their conviction and sentence by filing appeal which was heard and dismissed by the learned Sessions Judge, Toha Tek Singh on 9-1-1988.
2. Briefly stated, the facts of the case are that about 2-1/2 months before 19-10-1984 a cow owned by Ghulam Farid complainant was stolen from his cattle-shed in the area of Chak No, 714/GB, Kamalia, District Toha Tek Singh. The theft was made at night time. Early in the morning the complainant came to know about the theft and ultimately the matter was reported to the concerned police on 19-10-1984. The prosecution in order to prove its case produced Ghulam Farid P.W.1, Muhammad Yaqub P.W.2, Muhammad Amin P.W.3 and Muhammad Shafiq P.W.4. The petitioners while making statements under section 342, Cr.P.C. Denied the allegation leveled against them. The learned trial Court believed the prosecution evidence and convicted and sentenced the petitioners as stated earlier.
3. At the very outset, learned counsel for the petitioners does not wish to challenge their conviction, and instead he has requested that in view of the peculiar circumstances of the case, the sentence of the petitioners may be reduced to the period already undergone by them. He submitted that appeal of the petitioners was rejected on 9-1-1988 and they were not released on bail. He further submitted that earlier to 9-1-1988, the petitioners were not released during the trial. Mr. S.M. Zubair, the learned Additional Advocate-General has stated that he has no objection if the petitioners are sentenced to the period already undergone by them while maintaining their conviction. He admitted that the petitioners were never released on bail earlier. Learned counsel for the petitioners has also placed reliance on the order of the learned Acting Chief Justice dated 27-6- 1988 passed in Criminal Revision No, 135 of 1988 titled Sultan alias Jagi etc. v. The State.
4. I have heard the learned counsel for the parties and have perused the record. From the evidence, it is clear that the petitioners were rightly and correctly convicted by the learned trial Court, therefore, their conviction is hereby maintained. However, the learned Law Officer has made a concessional statement that he has no objection if the sentences of the petitioners are reduced to the period already undergone by them. The petitioners were never released on bail since after their arrest. Accordingly, the sentences of the petitioners are reduced to the period already undergone by them. The sentences of the petitioners in this case are ordered to run concurrently along with the sentences awarded to them in the other connected criminal cases. They shall be released forthwith provided of course they are not needed in any other criminal case. With this modification the criminal revision is dismissed.