Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 185(3)--Qatl-i-Amd--Conviction and sentence was awarded to the accused by trial Court--Appellate Court suspended death sentence of accused--Assailed--Jurisdiction--Validity--No ground for interference with exercise of discretion by High Court was made out, as it did not suffer from any illegality, Legal infirmity or error of jurisdiction--High Court was seized with appeal of the accused and co-convicts--Held: It could not be said that by suspending the sentence it acted without jurisdiction--Petition was dismissed--Leave refused. [Pp. 274 & 275] A & B Judgment Rana Bhagwandas, J.--Petitioner is aggrieved by High Court order dated 11.7.2005 suspending death sentence of respondent-Shoaib alias Labba in an appeal against conviction and death sentence for committing act of qatl-i-amd. 2. Apart from the respondent, Shafqat Hussain, Muhammad Sarwar, Muhammad Anwar, Zulfiqar Ahmad, Saiful Malook and Bashiran Bibi were tried for the commission of qatl-i-amd. Of them, death sentence was awarded to respondents-Shoaib and Muhammad Anwar while Muhammad Sarwar was sentenced to life imprisonment. Co-accused-Zulfiqar Ahmad, to whom active part in the commission of the crime was attributed and co-accused-Shafqat Hussain who allegedly fired in air were acquitted by trial Court. 3. Muhammad Anwar, Shoaib and Muhammad Sarwar have appealed against their conviction and sentence, which is sub-judice before a Division Bench of High Court. 4. Learned counsel for the petitioner is unable to…

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