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1970 SCMR 850

MONTAZ ALI vs The STATE

Citation1970 SCMR 850
CourtSupreme Court of Pakistan
Case No.Criminal Revision Case No. 181 of 1970 Petition for Special Leave to Appeal
Date1970-06-18
Judge(s)Hamoodur Rahman, Mujibur Rahman Khan
ResultPetition dismissed

ORDER

1. M. R. KHAN, J.-The petitioner was convicted under sections 457 and 380 of the Pakistan Penal Code and sentenced to undergo rigorous imprisonment for two years under each count. The sentences were to run concurrently. He was also fined Rs. 500 and in default to suffer further rigorous imprisonment for six months. On appeal, the Additional Sessions Judge 3 Court, Mymensingh maintained the conviction of the petitioner under both the sections 457 and 380 of the Code and also maintained the sentence of 2 years' rigorous imprisonment under section 457, but refused to award any separate sentence under section 380 of the Code. Moreover, the fine of Rs. 500 was reduced by him to Rs. 300. The appellate Court's judgment was delivered on the 4th June 1969.

2. About nine months thereafter, that is, on the 2nd March 1970, the petitioner filed a criminal revision petition in the High Court with an application for condonation of delay. A learned Single Judge of the High Court, however, dismissed the criminal revision summarily on the ground limitation, We ourselves have looked into the application for condonation of delay filed in the High Court, but found that the grounds for delay stated therein are hardly reasonable. The petitioner should have surrendered to undergo the imprisonment after the dismissal of his appeal on the 4th June 1969, but he did not surrender until the 26th February 1970. No explanation was offered by him as to why he avoided the process of law. We do not think that this is a fit case for our interference. The petition is dismissed.rd

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