Law: Criminal Procedure Code (V of 1898)

Section: 382B,497,498,426,426(1),426(2),426(2-A), 497(1),394

Law: Control of Narcotics Substances Act, 1997

Section: 51,47,9(c)

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 426 & 497---Bail---Distinguishing features of Ss.426 & 497, Cr.P.C.---Section 426(1), Cr:P.C. is not divided into categories or classes as S.497(1), Cr.P.C.---There is no. concept of offences falling in prohibitory clause in S.426, Cr.P.C. as provided in S.497, Cr.P.C.---Court while considering a bail application under S.497, Cr.P.C. is conscious of presumption of innocence in favour of accused, whereas no such presumption exists in favour of a convict having been found guilty by a competent Court---Under S.497(1), Cr.P.C. bail is generally granted as a rule in cases not falling within the prohibitory clause and refusal is an exception, whereas no such demarcation is made in S.426(1), Cr.P.C.---Court in both sections has discretion, but language of the same shows that discretion under section 497(1), Cr.P.C. is more liberal and lenient than under S.426(1), Cr.P.C.---Leniency becomes more stringent in cases where a convict seeks suspension of his sentence in narcotic cases in view of effect of Ss.51 & 47 of the Control of Narcotic Substances Act, 1997, on S.497, Cr.P.C. read with S.426, Cr.P.C. (b) Criminal Procedure Code (V of 1898)--- ---Ss. 426, 496 & 497---Bail---Powers under S.426, Cr.P.C. are not controlled by the provisions of Ss.496 & 497, Cr.P.C. 1969 SCMR 151 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 426---Suspension of sentence---Practice and procedure---Scope---Appellate Court while deciding petition for suspension of sentence would not undertake reappraisal of entire evidence but would confine its consideration to the infirmities in the of trial Court with reference to the grounds urged in the memo. of appeal, which would show that conviction was not sustainable in law, and on reaching such conclusion Appellate Court can suspend sentence---While suspending sentence Appellate Court can also consider the fact that the sentence awarded was short and the appeal was not likely to be disposed of soon. 1986 PCr.LJ 64 and PLD 1982 BJ 28 ref. (d) Criminal Procedure Code (V of 1898)--- ----S. 426---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Suspension of…

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