2002 P Cr (PLP)
NAZAR MAHMOOD — Petitioner Versus THE STATE — Respondent
| Citation | 2002 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | NAZAR MAHMOOD — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2002 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 P Cr (PLP) (NAZAR MAHMOOD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Faqir Muhammad for Petitioner.
Headnotes / Summary
Ss. 426 & 561-A
Anti-Terrorism Act (XXVII of 1997), S.37-- Suspension of sentence
Accused who was convicted and sentenced to undergo one month's R.I. had filed appeal against his conviction and sentence and alongwith appeal had filed application for suspension of sentence
Whole process of filing the appeal in peculiar circumstances of the case, would be defeated in case the accused would remain behind the bars for the total period of the sentence awarded to him
Court allowed the application and suspended the sentence awarded to the accused and he was released on bail.
Judgment & Decree
Allied Bank of Pakistan Ltd. v. Khalid Farooq 1991 SCMR 599 and Mst. Neelam Mawaz v. The State PLD 1991 SC 640 ref. Ch. Faqir Muhammad for Petitioner. Sh. Muhammad Raheem for the State. Nazar Mahmood, petitioner/appellant, was proceeded under section 37. of the Anti-Terrorism Act, 1997, by the Special Judge, Anti -Terrorism Court No. II, Multan, who vide his judgment, dated 13-8-2001, convicted the petitioner under section 37 of the Anti- Terrorism Act, 1997 and sentenced him to undergo one month's R.I. with a fine of Rs.10,000 and in default in payment thereof to further undergo one week's R.I.
2. The petitioner/appellant has challenged his conviction and sentence through the present appeal, which has been admitted to regular hearing and the notice has been issued.
3. Notice was also issued to the State in the instant C.M. regarding the suspension of sentence. The learned State Counsel has pointed that according to subsection (8) of section 25 of the Anti-Terrorism Act, 1997, bail cannot be granted to the petitioner/appellant under section 426, Cr.P.C.
4. I have heard the learned counsel for the parties and gone through the judgment available on the file. In the peculiar circumstances of the case, the whole process of filing the appeal would be defeated in case the petitioner remains behind the bars for the total period of the sentence awarded to him. Relying upon the cases of Allied Bank of Pakistan Ltd. v. Khalid Farooq 1991 SCMR 599 and Mst. Neelam Mawaz v. The State PLD 1991 SC 640, I allow this petition and suspend the sentence awarded to the petitioner/appellant and direct for his release on bail subject to his tendering bail bonds in the sum of Rs. five thousand with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. H.B.T./N-121/L Petition allowed.