PCRLJ 1995

1995 P Cr (PLP)

ABDUL LATIF — Petitioner Versus THE STATE — Respondent

Jurisdiction / Court
Peshawar
Decided Date
15thJune, 1995
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 1995 P Cr (PLP)
Forum / Court Peshawar
Bench Members N/A
Parties ABDUL LATIF — Petitioner Versus THE STATE — Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1995 P Cr (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1995 P Cr (PLP)?

The case was heard and decided by the Peshawar bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1995 P Cr (PLP) (ABDUL LATIF — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • M. Tariq Afridi for Petitioner.

Headnotes / Summary

S. 426(1)

Penal Code (XLV of 1860), S.161/165-A

Prevention of Corruption Act (II of 1947), S.5(2)

Suspension of sentence

Appeal of accused had already been admitted to full hearing

Accused was on bail at the time of his conviction

Sentence awarded to accused was not on the higher side

Sentence of co-accused had already been suspended

Sentence of accused was suspended in circumstances and he was admitted to bail accordingly.

Judgment & Decree

S. 426(1)

Penal Code (XLV of 1860), S.161/165-A

Prevention of Corruption Act (II of 1947), S.5(2)

Suspension of sentence

Appeal of accused had already been admitted to full hearing

Accused was on bail at the time of his conviction

Sentence awarded to accused was not on the higher side

Sentence of co-accused had already been suspended

Sentence of accused was suspended in circumstances and he was admitted to bail accordingly. M. Tariq Afridi for Petitioner. Fateh Muhammad Khan for the State. Date of hearing: 15th June, 1995. This application under section 126, Cr.P.C. for suspension of the execution of .the sentence awarded to the applicant is an accompaniment of Criminal Appeal No.138 of 1995 arising from the judgment, dated 18-4-1995 of the learned Special Judge, Anti-Corruption, N: W.F.P., Peshawar whereby the applicant was convicted under section 161/165-A, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced to two years' R.I. with a fine of Rs.10,000 or further six months' R.I. in default.

2. After hearing the learned counsel for the petitioner and the learned counsel appearing for the State I find that a case for acceptance of the application is made out inasmuch as the appeal has already been admitted to full hearing, the applicant was on bail at the time of his conviction, the sentence awarded to him is not on the higher side and an identical application moved by his co-convict, was allowed on 8-5-1995. This application is, therefore, accepted, the execution of the impugned order and the sentence awarded to the applicant is suspended and pending the decision of the appeal he is admitted to bail in the sum of Rs.1,00,000 (one lac) with two sureties each in the like amount to the satisfaction of the Additional Registrar of this Court. N.H.Q./1803/P Sentence suspended.