Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 426---Suspension of sentence---Discretion of court to suspend sentence had to be exercised judiciously by considering the relevant facts and circumstances of the case; without entering into; or commenting upon the merits of the case---Sentence awarded by a court, should not be taken lightly or suspended in routine---Court could suspend the sentence only after considering; whether accused had a prima facie case; and the conviction was likely to be set aside in appeal. Ch. Muhammad Riasat and another v. Muhammad Asghar and another 2010 SCR 1 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 426---Penal Code (XLV of 1860), S. 302---Qatl-i-amd---Suspension of sentence and grant of bail on statutory delay---Bail, after conviction in murder case was not allowed to a convict by suspending his conviction and sentence until and unless exceptional circumstances were shown to exist for doing so---Before suspension of sentence and grant bail, the Legislature had imposed an obligation and responsibility upon the court; to first ascertain and examine the cause of delay---Convicted person, could be released by the court on bail, except where it was of the opinion that the delay in the decision of appeal had been occasioned by an act or omission of convict or the other person on his behalf---Such statutory right was subject to the fulfilment of the criteria and decisive factor prescribed under cls.(a) to (c) of subsection (1A) of S.426, Cr.P.C.---Essentially, it was also to be examined, whether person who applied for bail, was not a previously convict offender for an offence punishable with death or imprisonment for life; or a person who in the opinion of Appellate Court was hardened, desperate or dangerous criminal; or was accused of an act of terrorism, punishable with death or imprisonment for life. (c) Criminal Procedure Code (V of 1898)--- ----S. 426---Penal Code (XLV of 1860), Ss. 302(c), 34 & 458---Azad Jammu and Kashmir Offences Against Property (Enforcement of Hudood) Act, 1985, S. 20--Qatl-i-amd, common intention, lurking house-trespass or house-breaking by night, haraabah---Suspension of sentence and grant…

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