Law:

Section:

Substantial Sentence-- ----Bail--Sufficient ground--In cases where the substantial sentence having been served out is considered sufficient ground to concede bail. Anwar-ul-Haq vs. NAB PLD 2009 SC 388, ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 324--Under Section 324 PPC learned trial Court has inflicted full doze of sentence, whereas, such sentence could have been "of either description for a term which may extend to ten years"--It was further contended that it is not a case that falls under embargo as placed on sentencing jurisdiction of Court where sentence could not be less than of five years, if offence is stated to have been committed in name or pretext of honour--It was urged that instant offence is outcome of dispute over right of way. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 426--Pakistan Penal Code, (XLV of 1860), Ss. 324 & 337F(vi)--Application for suspension of sentence--Declined by High Court--Conviction and sentence--Criminal Appeal--Ground--Statutory delay--It was conceded by learned Additional Prosecutor General, Punjab that offence was in respect of right of way, therefore, discretion could have been exercised for lesser sentence in attending circumstances of case--Since we are not attending to appeal at moment, such attending and or mitigating circumstances, whereby discretion could only be exercised now by learned Appellate Court--In instant case, since petitioner has substantially undergone his sentence and it would be an exercise in futility to drive petitioner again to High Court to avail remedy on ground of statutory delay when barely one month remains to avail this remedy--Accordingly, this petition is converted into appeal and same was allowed. THIS ORDER PASSED BY: MUSHIR ALAM, J.- Petitioner has assailed the order dated 16.5.2017, whereby his application for suspension of his sentence was declined by the learned Single Judge of the Lahore High Court, Lahore, seized of the Criminal Appeal No. 276 of 2016 against his conviction and sentence awarded by the learned trial Court vide judgment dated 26.1.2016, whereby he was convicted and sentenced as follows:-- "under Section 324, PPC to rigorous imprisonment for…

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