Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 426---Penal Code (XLV of 1860), S. 302---Murder---Suspension of sentence and release on bail---Statutory delay in disposal of appeal---Occurrence in the present case had taken place during the night and a collective allegation had been levelled by the prosecution against 6 to 7 persons including the accused regarding firing at the deceased---Medical evidence had shown that the deceased had received only one firearm entry wound on his body which, allegedly stood attributed to 6/7 persons---During investigation accused had been declared to be innocent and his name was placed in column No. 2 of the challan---Nothing had been recovered from the custody of accused during the investigation---All the co-accused persons had been acquitted by the Trial Court and the case against accused was prima facie at par with the acquitted co-accused persons---Accused had remained on bail during his trial and no allegation had been levelled against him regarding any misuse or abuse of the concession of bail---Accused had spent about fourteen months in jail after recording of his conviction by the Trial Court and there was no prospect of an early hearing of his appeal before the High Court---In such circumstances the High Court had rightly suspended the sentence of accused during the pendency of his appeal and had admitted him on bail---Petition for leave to appeal was dismissed accordingly. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- With the assistance of the learned Additional ProsecutorGeneral, Punjab appearing for the State we have gone through the memorandum of this petition, the impugned order passed by the High Court and the relevant record of the case appended with this petition and have observed that the occurrence in this case had taken place during a night at Tahajjud prayer's time and a collective…

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