MIRZA NAZIR AHMAD BAIG Versus THE STATE

ORDER

This is a petition for suspension of sentence on behalf of Nazir Ahmad Baig petitioner who has been convicted under section 22 of the Emigration Ordinance, 1979 and sentenced to rigorous imprisonment for five years and a fine of Rs.80,000. This is his second petition for the suspension of sentence. Criminal Miscellaneous No.1 of 1987, previously filed by him, was dismissed on merits on 10‑1‑1988.

2. The suspension of sentence is being claimed on health ground. Learned counsel states that the petitioner is 69 years of age and is a sick and infirm person. He has produced photo copies of the identity- card and pension payment order in proof of the age of the petitioner.

Learned counsel for the State has vehemently opposed the prayer. He submits that the petitioner is not suffering from serious ailment and his co‑accused is still absconding.

3. The photo copies of the identity card and pension payment order, referred to above, show the date of birth of the petitioner as 15‑2‑1919, meaning thereby that he is above 69 years of age by now. The report of the Medical Officer, Central Jail, Lahore, shows that urinary tract infection has resulted in retention of urine due to enlarged prostate. According to him, the trouble is due to old age. Report further shows that he is being treated as an out‑door patient in the jail hospital. In view of the above, I feel inclined to the view, that proviso 1 to section 497(1), Cr.P.C. is attracted to the case of the petitioner. Accordingly his sentence is suspended subject to his furnishing security in the sum of one lac rupees with two sureties in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court.

M.Y.H./N‑112/L Petition allowed.