Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 426---Penal Code (XLV of 1860), Ss.337-D & 337-F(ii)---Jaifah, causing Mutalahimah---Suspension of sentence, application for---Nothing, as to plea of enquiry report, as raised by counsel for applicants, was available on record---Only memo of appeal, along with listed-application, was filed annexing certified copy of impugned ---Enquiry report could not prevail over the investigation---Appeal regarding conviction and sentence, exceeding three years, but not exceeding seven years would be proceeded within a period of one year, and in case of non-proceeding of appeal within stipulated period, right under S.426, Cr.P.C., could be established---Applicants failed to deposit the Paper-Book Cost, which fact was significant for causing delay---To allow application under S.426, Cr.P.C. in every case, wherein conviction and sentence came within short term sentence as 5 years was not a hard and fast rule---Sentence of 'Arsh' amount could not be suspended, unless applicants desired to deposit such amount conditionally before Appellate Court---In the present case, neither applicants had shown willingness through memo of application under S.426, Cr.P.C., nor counsel for applicants, had expressed such inclination during course of arguments---Applicants were not entitled for concession of bail in terms of suspension of conviction and sentence, awarded by the Trial Court. ORDER RIAZAT ALI SAHAR, J.---Through listed-application under section 426 Cr.P.C., appellants/ applicants, namely, Muneer Ahmed and Jamil Ahmed seek suspension of their conviction and sentence and release on bail in connection with case in which they were awarded conviction for offence under sections 324, P.P.C. and sentenced to suffer R.I. for 5 years and fine of Rs. 20,000, for offence under section 337-D, P.P.C., they were sentenced to suffer R.I. for 5 years and fine of Rs.5000 as Arsh and for offence under section 337F(ii) to suffer R.I. for 5 years and pay amount of Rs.5000 as Arsh to be paid to injured ladies. 2. It is, inter alia, contended by learned counsel for the appellants/ applicants that after conducting investigation, an enquiry was also…

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