' SH. IJAZ NISAR, J.----Leave to appeal is sought against the order, dated 16-7-1999, passed by the Lahore High Court, Lahore, in Criminal Appeal No.340 of 1997.
2. The relevant facts are that a bail application was being argued before the learned Sessions Judge, Sargodha, when Khawar Saleem, Inspector Police, petitioner herein, allegedly interrupted the Court proceedings. He tendered apology, which was not accepted by the Court and the learned Sessions Judge convicted him there and then under section 228, P.P.C. And sentenced him to 2 months' imprisonment.
3. The order of the learned Sessions Judge was challenged by the petitioner in the Lahore High Court, through an appeal, which was dism, sed for non-prosecution vide order, dated 16-7-1999.
Hence this petition.
4. It is contended that the conviction of the petitioner is not sustainable in law, as the procedure provided under section 480, Cr.P.C. Tor the trial of offence under section 228, P.P.C. Was not followed by the learned Sessions Judge. Section 480, Cr.P.C. Enjoins that when an offence under section 228 of the Pakistan Penal Code is committed in the view or presence of any Civil, Criminal or Revenue Court, the Court may take cognizance of the offence and sentence the offender to fine not exceeding two hundred rupees, and, in default of payment to simple imprisonment for a term which may extend to one month.
5. The above contention is indeed not without force and the learned Sessions Judge could not have awarded the sentence of imprisonment of two months to the petitioner under section 228, P.P.C. In the circumstances IA narrated above.
6. In view of the above, we convert the petition into appeal, allow it and set aside the order of the High Court as well as of the Sessions Court, and direct the Sessions Court to pass such order as may be permissible under the law, if deemed fit.