Law: Criminal Procedure Code (V of 1898)

Section: 265-H(2),382-B,426,561A

Law: Pakistan Penal Code, 1860

Section: 468,471

Law: National Accountability Ordinance, 1999

Section: 9(a)(b)(iii)(iv)(v)(xii)

(a) Criminal Procedure Code (V of 1898)--- ----S. 426---Suspension of sentence---Delay, absence of---Principle---Provision of S.426, Cr.P.C. is a discretionary ground and only a tentative assessment of evidence may be made---Court cannot go into merits of case as this may prejudice outcome of appeal which has to be decided after appellate hearing. Raja Shamashad Hussain v. Gulraiz Akhtar PLD 2007 SC 564 and Manzoor Ahmed v. Fazal Ahmed 2013 SCMR 1403 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 426---Suspension of sentence---Preconditions---Sentence cannot be suspended under S. 426, Cr.P.C. unless it is shown that conviction is based on no evidence and that there is no ultimate possibility of conviction being sustained. Makhdoom Javed Hashmi v. The State 2007 SCMR 246 rel. (c) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(b)---Criminal Procedure Code (V of 1898), Ss. 426 & 561-A---Constitution of Pakistan, Art. 199---Suspension of sentence---Jurisdiction---Provision of S.426, Cr.P.C. is applicable to NAB cases notwithstanding S.9(b) National Accountability Ordinance, 1999---Provisions of S.426. Cr.P.C. can be applied in Constitutional discretionary jurisdiction of High Court under Art.199 of the Constitution read with Ss. 426, Cr.P.C. and 561-A Cr.P.C. Inayatullah Ansari and 2 others v. The State PLD 2014 Sindh 95 rel. (d) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9 (a) (iii) (iv) (v) (xii) & 9(b)---Criminal Procedure Code (V of 1898), S. 426---Suspension of sentence---Final disposal---Bail, grant of---Case of hardship---Accused persons were convicted for financial embezzlement and were sentenced to imprisonment ranging from 7 years to 10 years---Accused sought suspension of their sentences as well as grant of bail on grounds that no case was made against them and they were facing hardship---Validity---All accused persons had been awarded sentences ranging from 7 to 10 years which could not be considered short sentences in context of a conviction under National Accountability Ordinance, 1999 where maximum sentence was 14 years---Accused persons had only spent approximately 3 months in jail and it could not be said…

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