Law: Criminal Procedure Code (V of 1898)

Section: 426

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 365-A/34/37

Law: Anti Terrorism Act, 1997

Section: 7

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 426--Constitution of Pakistan, 1973, Art. 199--Pakistan Penal Code, (XLV of 1860), Ss. 365-A/34/37--Anti-Terrorism Act, 1997 (XXVII of 1997), S. 7--Suspension of sentence--Complainant specifically alleged that he has paid the ransom amount to co-accused--But the said accused was declared innocent during investigation--Complainant as well as alleged abductee appeared before the trial Court and exonerated the said co-accused from the commission of charge and ultimately he was acquitted--The role of the petitioner is on lesser footing as compared to his aforesaid acquitted co-accused--His responsibility to the extent of sharing common intention with the principal accused--He is behind the bars for a continuous period of more than 4 ½ years. There is no prospect of early hearing of petitioner’s appeal in near future--Petition is allowed. ORDER Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner Muhammad Zaman has sought the suspension of his sentence awarded by the learned Judge, Anti-Terrorism Court, D.G. Khan vide judgment dated 20.02 2019 in case FIR No. 137/17 dated 23.04.2017, in respect of offences under Sections 365-A, 37 , 34, PPC read with Section 7 of Anti Terrorism Act, 1997, registered at Police Station, KotChutta, District D.G. Khan whereby he was convicted, and sentenced as under: Under Sections 365-A read with Section 34/37, PPC Imprisonment for life with confiscation of his moveable and immoveable property to the tune rupees three lac. Under Section 7(e) of ATA, 1997 Imprisonment of life. Both the sentences were ordered to run concurrently. He was given benefit of Section 382-B Cr.P.C. 2. Learned counsel for the petitioner seeks suspension of sentence on the ground that the co-accused namely Aman Ullah, to whom a specific allegation of receiving ransom amount and handing over the abductee to the complainant was attributed, was subsequently exonerated by the complainant and the abductee, as such he has been acquitted of the charge u/S. 265-K, Cr.P.C., therefore, the case of the petitioner needs reappraisal of the evidence at the time of…

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