PLJ 2021 Cr.C. (Note) 46
Criminal Procedure Code, 1898 (V of 1898)--
----S. 426--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Petition--Suspension of sentence--Medical ground--Petitioner is suffering from hepatitis which is life threatening disease and can affect other inmates of jail--According to report submitted by Senior Medical Officer, Central Prison, Sahiwal, petitioner was initially diagnosed HIV--He was also examined by Medical Specialist of DHQ Hospital, Sahiwal who advised his further investigations from Jinnah Hospital, Lahore to decide his treatment plan, therefore, persuaded to suspend sentence of petitioner solely on medical ground--Application was allowed. [Para 5] A
Prince Rehan Iftikhar Sheikh, Advocate for Petitioner.
Mr. Muhammad Ali Shahab, Deputy Prosecutor General for State.
Date of hearing: 28.11.2018.
PLJ 2021 Cr.C. (Note) 46
[Lahore High Court, Multan Bench]
Present: Anwaarul Haq Pannun and FArooq Haider, JJ.
MUHAMMAD TARIQ--Petitioner
versus
STATE etc--Respondents
Crl. Appeal No. 655 of 2018, decided on 28.11.2018.
Order
Crl. Misc. No. 1/2018
Through this petition under Section 426, Cr.P.C. petitioner Muhammad Tariq son of Muhammad Saleem has sought suspension of sentence in case FIR No. 241/2017 dated 17.06.2017, offence under Section 9(c) The of Control of Narootic Substances Act, 1997 registered at Police Station City Chichawatni whereby he was convicted under Section 9(c) of The Control of Narcotic Substances Act, 1997 and sentenced him to R.I. 02 years 06 months with fine of Rs. 20,000/- and in default of payment, he shall further undergo 06 months SI. The petitioner was held entitled to the benefit of Section 382-B, Cr.P.C.
2. The sole ground urged by the learned counsel for the petitioner is that the petitioner is suffering from Aids and Hepatits-C and his treatment is not possible in the jail hospital. Adds that the petitioner is behind the bars since 17.06.2017 and he has served out his substantial portion of his sentence in the jail.
3. Learned Law Officer has half-heartedly opposed the contentions of the learned counsel for the petitioner.
4. Heard. Record perused.
5. We have observed that the petitioner is suffering from hepatitis which is life threatening disease and can affect the other inmates of the jail. According to the report submitted by the Senior Medical Officer, Central Prison, Sahiwal, petitioner Muhammad Tariq was initially diagnosed HIV. He was also examined by the Medical Specialist of DHQ Hospital, Sahiwal who advised his further investigations from Jinnah Hospital, Lahore to decide his treatment plan, we are, therefore, persuaded to suspend the sentence of the petitioner solely on medical ground subject to furnishing his bail bonds in the sum of Rs. 1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judl.) of this Court.
(A.A.K.) Application allowed
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