Law:

Section:

(a) Criminal Procedure Code (V of 1898)---Ss. 426, 497 & 367---Penal Code (XLV of 1860), Ss.324, 452, 337-A(i) & 337-F (i)(iii)(v)---Attempt to commit qatl-e-amd, house-trespass, after preparation for hurt, assault or wrongful restraint, causing Shajjah-i-Khafifah, causing Damiyah, Mutalahimah and Hashimah---Suspension of sentence, application for---Principles---Accused faced trial under Ss.324, 452, 337-A(i), 337-F(i)(iii)(v), P.P.C. and was convicted and sentenced under all said sections, except S.452, P.P.C., as there was no decision of acquittal or sentence in respect of S.452, P.P.C. in the order of the Trial Court---Under S.367, Cr.P.C., it was duty of the Trial Court to have specified the relevant sections whereunder accused was convicted and sentenced; nothing should have been left to presumption---Section 367, Cr.P.C., was not permissive, but imperative and compliance of its terms was mandatory in nature---Omission of the Trial Court for recording the findings/reasons with regard to S.452, P.P.C. was apparent on record---As hearing of appeal might take some time, and the sentence being short one, State Counsel recorded no objection to suspension of sentence---Appellate Court in exercise of its power under S.426, Cr.P.C., could, in appropriate cases, suspend the sentence of accused and grant bail pending disposal of his appeal---Notwithstanding any material difference in the principles governing for grant of bail under Ss.497 and 426, Cr.P.C., considerations for suspension of sentence and grant of bail pending trial could not be the same---Distinction must be adhered to for exercise of power under said provisions in proper manner---Power of Appellate Court under S.426(1), Cr.P.C., was not limited, and court, pending disposal of an appeal, could suspend the sentence of a convict in an appropriate case, in its discretion for sufficient reasons, but that power of suspension of sentence, and grant of bail was not wider than that of under S.497, Cr.P.C.---Unless it was shown that conviction was based on no evidence, legal flaws or being based on an inadmissible evidence, was not ultimately sustainable, the grant of bail under S.426(1), Cr.P.C. could…

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