Law: Criminal Procedure Code (V of 1898)

Section: 426

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code (V of 1898)--- ---S. 426---Penal Code (XLV of 1860), S.302---Constitution of Pakistan (1973), Art. 185(3)---Suspension of sentence---High Court had noticed that the appeal of accused could not be taken up as the other Criminal Appeals for the year 1998-1999 were still pending---One year had already elapsed since the impugned order was passed by the High Court---Situation of pendency of criminal appeals in the meantime might have improved---Accused was a life convict---Discretion exercised by the High Court in refusing to suspend the sentence of accused was neither arbitrary nor fanciful and the matter did not warrant any interference by Supreme Court---Leave to appeal was declined to accused accordingly. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The petitioner seeks leave to appeal against order dated 25-5-2001 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No.2 of 2001. 2. The petitioner was convicted for the murder of Fayyaz Ahmed and sentenced to life imprisonment by judgment dated 28-2-2000 by the Additional District Judge, Bhalwal, on the basis of circumstantial evidence such as motive, extra-judicial confession, reco4ery of the dead body/skeleton with some articles and recovery of gun. The petitioner filed Criminal Appeal No.314 of 2000 against his conviction and sentence in the Lahore High Court, Lahore. The petitioner also moved Criminal Miscellaneous No.2 of 2001 for the suspension of his sentence and grant of bail which was dismissed by the impugned order dated 25-5-2001. 3. The learned counsel for the petitioner argued that there was no evidence on record connecting the petitioner with the commission of offence. It was further contended that the evidence of P.W.7 Muhammad Irfan Ahmed as to the joint extra-judicial confession of four accused persons including three acquitted co-accused could not furnish any valid basis…

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