PCRLJ 2008

2008 P Cr (PLP)

AISH BAHADUR — Petitioner Versus THE STATE — Respondents

Jurisdiction / Court
Lahore
Decided Date
2006-November-11
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2008 P Cr (PLP)
Forum / Court Lahore
Bench Members N/A
Parties AISH BAHADUR — Petitioner Versus THE STATE — Respondents
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2008 P Cr (PLP)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2008 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: 2008 P Cr (PLP) (AISH BAHADUR — Petitioner Versus THE STATE — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Altaf Ibrahim Qureshi for Petitioner.

Headnotes / Summary

S. 426

Control of Narcotic Substances Act (XXV of 1997), S.9(c)

Suspension of sentence

Accused was not apprehended at the spot

Brother of accused, who was also tried along with accused in the case, was acquitted by the Trial Court

Evidence against accused also required reconsideration

Sentence of accused was suspended and he was released on bail.

Judgment & Decree

This is an application for suspension of the sentence moved on behalf of Aish Bahadur petitioner who has been convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced to seven years' R.I. and a fine of Rs.20,000 by a learned Additional Sessions Judge, Sahiwal vide judgment dated 7-1-2006.

2. After hearing the learned counsel for the parties and going through the record, we have found that the petitioner was not apprehended at the spot. A brother of the petitioner, namely Ghulam Farid was also .tried along with the petitioner in the case but was acquitted by the learned trial Court mainly on the ground that he had earlier appeared as a prosecution witness against Rao Shafqat Ali, P. W.5 in a case under section 302, P.P.C.

3. In view of the above, the evidence against the petitioner also requires reconsideration. Therefore, we feel inclined to suspend the sentence and release the petitioner on bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of the Deputy Registrar (J) of this Court. Order accordingly. H.B.T./A-46/L Sentence suspended.