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1993 P Cr. L J 1544

Haji TM MUHAMMAD vs THE STATE

Citation1993 P Cr. L J 1544
CourtFederal Shariat Court
Case No.Criminal Misc. No,30/0 of 1991
Date1993-02-07
Judge(s)Mir Hazar Khan Khoso
ResultPetition dismissed

ORDER

' The petitioner was convicted for offence under Article 3/4 of the Prohibition (Enforcement of Hadd)

Order, 1979 by the learned Additional Sessions Judge II, Quetta on 24-4-1991 and sentenced to suffer R.I. For 10 years, fine of Rs,10,000 in default to suffer 6 months' R.I. And five stripes. He challenged his conviction and sentences before this Court. By order, dated 21-1-1992 this Court dismissed his appeal on merit. However, his sentence was reduced from 10 years' R.I. To 3 years' R.I.

The sentences of fine and whipping were maintained. He was extended benefit of section 382-B, Cr.P.C. Also by this application he had requested for remission of his sentence on the ground that he is an old man and has passed 1/3rd of his sentence.

2. It may be observed that the petitioner's appeal has been decided hence, power under provisions of Offenders Probation Ordinance, 1961, cannot be exercised at this stage. Besides this Court does not have power to review its judgment passed in criminal appeal. It may be further added that this Court does not enjoy powers of section 401 or 402 of Cr.P.C. To suspend, remit or commute sentence of a convict. The application is therefore, not maintainable and is rejected accordingly.

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