Law: Criminal Procedure Code (V of 1898)

Section: 462(2-B)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 426(2-B)--Suspension of sentence--Pendency of criminal appeal in the Supreme Court of Pakistan preferred appeal before August Supreme Court of Pakistan wherein leave to appeal was granted to the petitioner was convicted and sentenced by the trial Court to the capital punishment in offence u/S. 302-B, PPC with the compensation of Rs.100,000/- and imprisonment for life--His sentence of death was converted into imprisonment for life by High Court-- He has been granted leave to appeal by august Supreme Court of Pakistan--Superintendent Central Jail, has submitted a report in compliance of this Court’s order showing that the petitioner has served out twelve years, ten months and eighteen days of his sentence including remissions--There is no prospect of its early hearing during which period he shall serve out the whole of his sentence--Petition in hand is allowed and sentence of the petitioner is suspended till the final disposal of the appeal. [Pp. 612 613] A, B, C D ORDER Through this petition in terms of Section 426(2-B), Cr.P.C., petitioner Abdul Qadir has sought suspension of sentence of rigorous imprisonment for life converted/awarded to him by this Court vide judgment dated 19.01.2017 passed in Criminal Appeal No. 960/2011 in case FIR No. 242/2010 dated 13.05.2010, in respect of offences under Sections 302460, PPC, registered with Police Station, Fazilpur District Rajanpur against the judgment of his capital sentence dated 29.10.2011 passed by the learned Additional Sessions Judge, Rajanpur. 2. Feeling aggrieved, the petitioner preferred appeal before august Supreme Court of Pakistan through Criminal Petition No. 497/2017 wherein leave to appeal was granted to the petitioner vide order dated 01.12.2020. Hence, this petition for suspension of sentence. 3. Learned counsel for the petitioner has contended that the petitioner has been granted leave to appeal by august Supreme Court of Pakistan to the effect that the provisions of Section 460, PPC did not make out, the source of light as claimed by the eye-witnesses was not confidence inspiring and the ocular account is in contradiction with the medical evidence…

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