Law:

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Criminal Procedure Code, 1898 (V of 1898)-- ----S. 426--Suspension of sentence--Petition--Question whether in light of evidence recorded during trial and law laid down by Hon'ble Supreme Court petitioner can be convicted u/S. 302(b), PPC read with Section 34, PPC, are will be considered at time of hearing of main appeal--Newly added sub-section (1A) of Section 426, Cr.P.C., inter alia, empowers Appellate Court to pass orders for release of convicted person on bail, who has been sentenced to imprisonment for life or imprisonment exceeding seven years and whose appeal has not been decided within a period of two years of his conviction--Appellant was convicted whereas instant appeal was filed--Disposal of appeal not been delayed on account of any act or omission on part of petitioner/appellant--Only ground raised by counsel for respondent for rejecting application is that conduct of petitioner/ appellant disentitles him to said concession by virtue of prohibition imposedvide proviso to sub-section(1A) of Section 426, Cr.P.C.--After perusing record, that act of accused is not of such nature which could bring him under prohibitory clause of newly added sub-section (1A) to Section 426, Cr.P.C. No material has been pleaded on record to show that appellant is an habitual or previously convicted offender--Indeed, a valuable life has been lost but after hearing appeal it is yet to be decided as to whether conviction of petitioner/appellant is in accordance with law or not, till such time appellant cannot be deprived of benefit which has been bestowed upon him by virtue of newly added provision of law viz. sub-section (IA) to Section 426, Cr.P.C.--In these circumstances, petitioner has succeeded in making case for suspension of his sentence in addition to that there was no chance of hearing of main appeal--Petition accepted and sentence was suspended. [P. 21] A & C Suspension of sentence-- ----Principles--It is well settled that principles for suspension of sentence under Section 426, Cr.P.C. are analogous to principles of bail in terms of Section 497, Cr.P.C. [P. 21] B 2014 SCMR 7, ref. Order Through this petition under Section 426, Cr.P.C., Bahawal Sher son of…

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