DOCTOR KHAN vs State S — 2022 PCrLJ 1690 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PCrLJ 1690 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PCRLJ
Parties: DOCTOR KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 426; S. 9; Narcotic Substances Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

DOCTOR KHAN VS State S. 426(2-B)--- Supreme Court Rules, 1980, O. XXII, R. 11---Suspension of sentence pending appeal---Scope---Accused sought suspension of his sentence and release on bail till final disposal of appeal before the Supreme Court---Accused was sentenced to imprisonment for life by High Court under S. 9(c) of the Control of Narcotic Substances Act, 1997---Held; High Court became functus officio after ruling on a lis---Until and unless it could be shown why a petition for the suspension of the sentence could not be lodged in the first instance before the Supreme Court, the High Court's jurisdiction did not revive---When the Supreme Court had already taken cognizance of the matter and while High Court had already dismissed the appeal and had maintained his conviction recorded by the Trial Court and when there was no legal impediment in the way of the accused to approach the Supreme Court, it would not be proper to suspend the sentence awarded to the accused and confirmed by the High Court---Application was dismissed. Head NotesCase Description

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