Law: Criminal Procedure Code (V of 1898)

Section: 382-B,426(1)(A),544A

Law: Pakistan Penal Code, 1860

Section: 34,302(b)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 426(1)--Suspension of sentence--Application of--Power of Court--Held : It is now settled that appellate Court has got implied power to grant relief which is ancillary or incidental to appeal during pendency of appeal--This power of appellate Court u/S. 426(1), Cr.P.C. is in fact limited and Court during pending disposal of appeal, suspend sentence of accused in appropriate cases in its discretion for good and sufficient reasons, unlike Section 426(1-A), Cr.P.C., wherein it is not a discretion of Court but grant of bail is mandatory and for its refusal reasons must be stated, reflecting that grant of bail is a rule while refusal thereof an exception in case falling within ambit of sub-section (1-A) of Section 426, Cr.P.C. two provisions, one is under sub-section (1) and other is under sub-section (1-A) of Section 426, Cr.P.C. are unlike and in contrast to each other and in former it is discretion of Court and in case of suspension of sentence reasons will have to be recorded while in latter it has been made mandatory that sentence shall be suspended with a further provision that in case of refusal, reasons will have to be recorded--Only allegation against petitioner is that he raised Lalkara/issued command to his son to commit murder of deceased and facilitated crime--Genuineness or otherwise of allegation against petitioner would be adjudged at time of final adjudication of main appeal, thus he has made out a case for suspension of sentence. 2005 YLR 2314, 2013 YLR 235, 2007 YLR 2986, PLD 2007 Lahore 531, 2007 MLD 1066 and 2006 YLR 2385, ref. 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 34/302(b), P.P.C. for raising Lalkara/for issuing command to his son Bait Ullah to commit murder of Naseer Muhammad (now dead) with a compensation of Rs.20,00,000/- (Twenty Lakhs) under Section 544-A, Cr.P.C. to be paid to the legal heirs of the deceased. In default thereof to further undergo six months S.I.…

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