The Appellate Division of the Supreme Court (SC) on Tuesday observed that courts to apply the provisions of the “Probation of Offenders Ordinance, 1960,” in appropriate cases.
An Appellate Division virtual bench of Justice Muhammad Imman Ali and Justice Abu Bakar Siddiquee came up with the observation in the judgement of Criminal Petition for Leave to Appeal number 1271/2017.
Written by Justice Muhammad Imman Ali, the judgement said that the trial court concerned convicted the pleader under section 325 and sentenced him to one-year imprisonment. The appeal court also upheld the judgment.
“We are noticing with sorrow that the judges of the trial and appeal courts have forgotten completely that there is a law in our country titled “The Probation of Offenders Ordinance, 1960?. Section five of that act could
have been applied in this case,” the judgement said.
“The incident took place regarding a petty matter between two neighbors.
It was proper to keep the accused under probation, rather than sentencing him to one-year imprisonment. The provisions of “The Probation of Offenders Ordinance, 1960? are applicable by trial, appeal and High Court,” it added.
The Probation of Offenders Ordinance, 1960?, in an ordinance to provide for the release on probation of offenders in certain cases.