Law: Criminal Procedure Code (V of 1898)

Section: 426(A),426(1)

Law: Pakistan Penal Code, 1860

Section: 34,302

(a) Criminal Procedure Code (V of 1898)--- ----S. 426---Suspension of sentence---Scope---Tentative assessment of evidence on the basis of which finding of guilt was given was not barred for the purpose to consider the application of suspension of sentence under S.426(1), Cr.P.C. Altaf Hussain Shah v. The State 1986 PCr.LJ 2202; Allah Yar and another v. The State 1996 PCr.LJ 211 and Mumtaz Ali and another v. The State 2012 YLR 2204 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 426---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Application for suspension of sentence pending appeal---Prosecution case was that the accused raised lalkara and issuing command to co-accused to kill the son of complainant; upon which co-accused started firing and son of complainant was hit---Accused-petitioner remained present before the court during the whole trial---Accused was convicted under S.302(b) read with S.34, P.P.C., whereas there was no such evidence, which could attract the provision of S.34, P.P.C.---Such fact even otherwise would be determined at the time of hearing the main appeal, which was not at sight in the near future---Scope---Record showed that the only allegation against the petitioner was that he raised lalkara/issued command to his son to commit murder of deceased and facilitated the crime---Genuineness or otherwise of allegation against the accused-petitioner would be adjudged at the time of final adjudication of main appeal---Accused had made out a case for suspension of sentence---Accused was released on bail by suspending the sentence. Muhammad Ashfaq v. The State 2005 YLR 2314; Noor Muhammad v. The State and another 2013 YLR 235; Muhammad Ali v. The State 2007 YLR 2986; Mst. Nasreen Bibi v. The State PLD 2007 Lah. 531; Muhammad Yaseen v. The State 2007 MLD 1066 and Mumtaz Hussain v. The State 2006 YLR 2385 rel. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.--- This is an application under section 426, Cr.P.C for the suspension of sentence of Sher Jan, the appellant who has been convicted and sentenced by the learned trial Court as under:--- Imprisonment for life under section 302/34(b), P.P.C. for raising Lalkara/for…

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