Law:

Section:

(a) Constitution of Pakistan---Art. 189---Jurisdiction of Supreme Court under provisions of Art.189 of the Constitution---Scope---Such jurisdiction was not just to decide questions of law but it also extended to enunciating principles of law which decisions and principles were binding on all other courts in the country. (b) Criminal Procedure Code (V of 1898)--- ----S. 426---Penal Code (XLV of 1860), Ss. 302(b) & 34---Constitution of Pakistan, Art. 188---Qatl-e-amd, common intention---Review of Supreme Court ---Suspension of sentence---Scope---Trial Court convicted accused and co-accused under Ss. 302(b) & 34, P.P.C and sentenced them to imprisonment for life---High Court suspended sentence of co-accused and released him on bail---Accused also filed an application for suspension of his sentence before the High Court on the ground that role ascribed to him was similar to that of co-accused whose sentence had already been suspended---High Court suspended sentence of accused on the grounds that in the challan case the police had found the accused innocent; that the complainant had filed his private complaint after a delay of six months; that there was previous enmity between the parties, and that the sentence of co-accused, attributed a role identical to that of accused, had already been suspended and he had been admitted to bail---Supreme Court set-aside order of High Court and cancelled bail granted to accused---Validity---None of the grounds provided by High Court for suspending sentence of accused and releasing him on bail were valid---Any declaration of innocence of accused recorded by the police in the challan case was irrelevant as trial of accused had been conducted in the complainant's private complaint and not in the challan case---Opinion of police regarding innocence of accused was irrelevant and it paled into further irrelevance in view of the judicial verdict recorded by the Trial Court in respect of the accused's guilt---Complainant had filed his private complaint when the investigating agency had disappointed and frustrated him on account of its alleged collusion with the accused party and the reasons for the delay in filing of the private…

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