Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 426---Penal Code (XLV of 1860), S.302/34---Qatl-a-amd, common inten­tion---Application for suspension of sentence, dismissal of---Welfare of suckling baby---Appeal in the case was ready for hearing---Effect---Deceased died of burns after. she was engulfed in fire while working in her kitchen---Deceased implicated accused (mother of suckling baby) and co-accused persons for the commission of the offence---Trial Court convicted and sentenced accused under Ss.302 & 34, P.P.C-Contentions of accused were that she was married woman with three children and one of her child was a suckling baby, who was about two years old; that facilities inside prison were not adequate for bringing up a suckling baby and 'welfare of the child demanded that accused be kept in a better environment; that incident was unseen and allegations were general in nature; that there was a delay of three months in lodging F.LR., and that statements of witnesses were recorded after a delay of about three months---Validity---Paper-book was ready and case was ready to be argued, therefore, there was no reason to cause any unnecessary delay---Court was conscious of the fact that accused had to take care of her three minor children including a suckling baby and her ordeal was supported by opinion of the court that everything was ready, so much so that paper-book was in hand, hence matter might be fixed for regular hearing and finally argued out---Application for suspension of sentence was dismissed in circumstances. 1971 SCMR 657; 1978 SCMR 149; 2012 SCMR 997; 1996 SCMR 973; 1998 MLD 1350; 1994 PCr.LJ 514; 2004 MLD 1423; Muhammad Yousuf v. State Criminal Appeal No. 204 of 2007; Shakeel Ahmed v. State Criminal Appeal No.65 of 2004 and Mst. Rabia v. The State Criminal Appeal No.123 of 2012 distinguished. ORDER SADIQ HUSSAIN BHATTI, J.--Adjourned. 2. This is an application for suspension of sentence moved under sec­tion 426, Cr.P.C. read with section 561-A, Cr.P.C. on behalf of the appellant Mrs. Neelofar , wife of co-accused Javed Alam, who has been convicted and sentenced under section 302/34, P.P.C. to suffer imprisonment for life along with co-accused…

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