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2005 YLR 1024(1)

MUHAMMAD SAJID vs THE STATE

Citation2005 YLR 1024(1)
CourtLahore High Court
Case No.Crl. Misc. No,1 of 2004 in Criminal Appeal No,98 of 2004
Date2004-05-20
Judge(s)Ch. Iftikhar Hussain, Bashir A. Mujahid
ResultSentence suspended

ORDER

' Seeks suspension of sentence recorded against the appellant vide judgment dated 27-1-2003 passed by the learned Additional Sessions Judge, Mailsi in case F.I.R. No, 303 of 2002 dated 5-9- 2002, under Articles 3/4 and 4/97 (sic) of PEHO, 1979 and 9(b) of CNSA, 1997 registered with Police Station, Tibba Sultanpur and was sentenced to two years rigorous and a fine of Rs,10,000 for recovery of Charas weighing 500-gram and in default thereof to suffer further two months simple imprisonment. He was also given the benefit of section 382-B, Cr.P.C.

2. We have carefully considered the submissions made from both the sides with the help of available record.

3. According to the learned counsel for the petitioner that the petitioner was arrested on 5-9-2002 and he has served out one half of the sentence and there is no likelihood of early hearing of the appeal and in case the appeal is decided in routine, he will serve out his entire sentence, therefore, his sentence be suspended.

3-A. The learned State counsel has not opposed the petition.

4. In view of the above position, he has served out one half of his sentence. There is no likelihood of early hearing of the appeal and till the decision of the appeal, in routine he will serve out his entire sentence. Therefore, the sentence of the petitioner is suspended and he is admitted to bail, subject to furnishing surety bonds in the sum of Rs,50,000 (Rupees fifty thousand) with one surety in the like amount during the pendency of the appeal for the satisfaction of the Deputy Registrar (Judi.) of this Court.

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