Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 426---Penal Code (XLV of 1860), S. 302---Qatl-i-amd---Suspension of sentence---Appreciation of evidence---Scope---Accused sought suspension of sentence as he was convicted by Trial Court and sentenced to imprisonment for life---Validity---Appraisal of evidence in depth was neither warranted nor desirable while dilating upon and deciding application for suspension of sentence---Court should confine itself to assailed before it and thorough scrutiny of evidence and its evaluation should be made while adjudicating upon appeal as it would be opportune moment for doing so and not while deciding application moved under S. 426, Cr.P.C., as it was premature stage---Conviction could not be set aside while exercising jurisdiction as conferred under S. 426, Cr.P.C. on the grounds with reference to evidence and merits of the case which required a thorough probe and deeper scrutiny of evidence which should be avoided---Where on perusal of facts in passed by Trial Court, the appellate Court had come to the conclusion that suffered from any legal error, it would be justified to suspend the sentence and grant bail---Accused could not point out any legal error in passed by Trial Court and at such stage finding recorded by Trial Court was to be given due weight---High Court declined to suspend passed by Trial Court---Application was dismissed in circumstances. Mazhar Ahmed v. The State and another 2012 SCMR 997 and Shakeel Ahmed and another v. The State Criminal Petition No. 40-K of 2014 distinguished. ORDER NAIMATULLAH PHULPOTO, J.---The appellant Saleem Khadera seeks suspension of the sentence awarded to him by learned Sessions Judge, Karachi South in Sessions Case No.733 of 2005 (State v. Muhammad Imran and others). After full-addressed trial, by Judgment dated 30-10-2013 the appellants Muhammad Imran, Jehanzeb and Saleem Khadera were convicted under section 302(b) read with section 34, P.P.C. and sentenced to imprisonment for life and to pay compensation of Rs.50,000 each to the legal heirs of the deceased. Mr. Muhammad Ashraf Kazi, learned counsel for the appellant Saleem Khadera mainly argued that allegation against the…

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