ADEEL RASHEED vs State S — 2022 PLD 795 SUPREME-COURT

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ADEEL RASHEED VS State S. 5---Penal Code (XLV of 1860), S. 489-F---Probation order---Unpaid community service---Petitioner (convict) was convicted under Section 489-F, P.P.C. and sentenced to one year rigorous imprisonment with a fine of Rs. 45,000/---Petitioner sought his release on probation under the Probation of Offenders Ordinance, 1960 ('the Ordinance')---Held, that the petitioner was a young man without a criminal record; the preconditions (mentioned in section 5 of the Ordinance) for making a probation order were met---Petitioner agreed not to commit any crime during the duration of his probation---Petitioner agreed to pay the fine amount to the complainant and also agreed to remain on probation for a period of one year doing unpaid community service of one hundred hours, by the work assigned to him by the Parks and Horticulture Authority, under the supervision of the probation officer, thus, he shall be released on probation subject to his furnishing a personal bond in the said terms---Trial Court shall order the release of the petitioner on probation upon the petitioner submitting the said bond, which incorporated the said conditions---Supreme Court directed that if the petitioner fails to observe any of the conditions of his bond the Court may issue summons or warrant of his arrest, and, if after hearing the petitioner, the Court is satisfied that he has failed to observe any of the conditions of his bond, the Court may sentence him by restoring his original sentence and if the petitioner fails to pay the compensation amount he shall be dealt with in terms of Section 6(3) of the Ordinance---Petition for leave to appeal was converted into appeal and partly allowed accordingly.

ADEEL RASHEED vs State S — 2022 PLD 795 SUPREME-COURT

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