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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD IQBAL ALIAS BALA VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1690
[Lahore]
Before Muhammad Rafiq Tarar and Abdul Waheed, JJ
MUHAMMAD IQBAL alias BALA‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No.1 of 1988 in Criminal Appeal No.210 of 1988, decided on 4th April, 1988.
Criminal Procedure Code (V of 1898)‑‑
‑‑S. 426‑‑West Pakistan Arms Ordinance (XX of 1965), S.13‑‑Suspension of sentence, petition for‑‑Illicit possession of Sten‑gun‑ Offence not triable by Special Court being not a scheduled offence under Suppression of Terrorist Activities (Special Courts) Act, 1975‑ Conviction and sentence awarded by Special Court suspended in circumstances. Asghar Ali and Malik Rehmat Khan Awan for Petitioner.
Rana Saeed Ahmad for the State.
ORDER
This is a petition for suspension of sentence on behalf of Muhammad Iqbal alias Bala, who has been sentenced to R.I. for four years under section 13 of the Arms Ordinance, 1965, for keeping unlicenced sten‑gun in his possession, by Judge, Special Court, Lahore.
2. Learned counsel for the petitioner submits that the offence of triable by the Special Court as it is not a scheduled offence was n under the Suppression of Terrorist Activities (Special Courts) Act 1975, It is submitted that the Special Court has jurisdiction only when the offence is committed with respect to cannon, grenade, bomb or rocket. Learned State counsel does not controvert this contention. In the circumstances, we suspend the sentence of the petitioner subject to his furnishing security in the sum of Rs.25,000 with two sureties; in the like amount to the satisfaction of D.R.3I,(Judicial) of this Court.
M.Y.H./M‑667/L Bail allowed.