Law: Criminal Procedure Code (V of 1898)

Section: 382-B,426,496,497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Criminal Procedure Code (V of 1898)--- ----S. 426---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possessing and trafficking of narcotics---Suspension of sentence---Scope---Four persons who were convicted under S. 9(c), Control of Narcotic Substances Act, 1997 sought suspension of their sentences---Validity---Admittedly, one of the lady accused at the time of her arrest was accompanied by one minor daughter; she was pregnant of 28 weeks and during captivity gave birth to a male child; second lady accused was accompanied by two daughters at the time of her arrest; third lady accused, as per her counsel, was old and infirm---Accused ladies were only sentenced for five years, which was a short sentence and there was no likelihood of appeal being taken up in near future---So far as male accused was concerned, perusal of facts and led to the conclusion that on the face of it, did not suffer from any legal error---Petition for suspension of sentence was partially allowed to the extent of all three lady accused, their conviction and sentence was suspended till final adjudication of appeal---Prayer of male accused for suspension of sentence was declined. Hazoor Bakhsh v. Federation of Pakistan PLD 1981 FSC 145 fol. Mst. Nusrat v. The State 1996 SCMR 973; Liaqat and another v. The State 1999 PCr.LJ 1004; Mst. Nasree v. The State 1998 MLD 1350; Mst. Ansar Jan v. The State and another 2000 PCr.LJ 586; Nazar Ahmad and 2 others v. The State 2005 PCr.LJ 657; Abdul Hameed v. Muhammad Abdullah 1999 SCMR 2589; Ilyas alias Billu v. The State 2008 MLD 312 and Mehmood Iqbal v. The State 2008 MLD 1376 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 426, 496 & 497---Suspension of sentence---Bail---Release of convict during pendency of appeal---Scope---Appellate Court has power to suspend the sentence of a convict and release him on bail---Such power to grant bail is not fettered by the provisions of S. 497, Cr.P.C.---Principles provided in Ss. 496 & 497, Cr.P.C. have to be borne in mind in granting or refusing bail. The State v. Shah Sawar 1969 SCMR 151 and Bahadar Khan v. The State 1969 SCMR 81 ref. THIS ORDER PASSED BY: SHAKEEL AHMAD, J.---…

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