Law: Criminal Procedure Code (V of 1898)

Section: 426

Law: Pakistan Penal Code, 1860

Section: 34,302(b)

Criminal Procedure Code (V of 1898)--- ----S. 426----Suspension of sentence pending appea1---Discretionary jurisdiction---Scope---Accused persons sought suspension of their sentences handed down by the Sessions Judge under S.302(b), P.P.C.---Appeal had been admitted to regular hearing and its hearing could take some time---Apparent defects in the impugned could not be ignored, which went to the root of the case---Deeper appraisal of evidence, while hearing an application under S.426, Cr.P.C, was to be avoided---Appellate Court's discretion to grant bail under S.426, Cr.P.C., was not fettered or restricted by reference either to the conviction or to the sentence passed against the applicants/accused persons by the Trial Court, but like all discretions vested in the court, the discretion had to be exercised judicially---High Court suspended the sentences awarded to the accused persons during pendency of appeal. Altaf Hussain Shah v. The State 1986 PCr.LJ 2202; Abdul Ghaffar v. Anwar ul Hassan 1978 SCMR 149; Haji Mir Aftab v. The State 1979 SCMR 320; Maqsood v. Ali Muhammad and another 1971 SCMR 657; Hazrat Ullah v. The State 1979 PCr.LJ 1104 and Maqsood Ahmed v. State 2005 YLR 1049 ref. Abdullah Khan v. Karam Dad Khan and another 1986 SCMR 1064 and Faqir Muhammad v. Akbar 1979 SCMR 270 rel. ORDER ABDUL MAALIK GADDI, JUSTICE:---.--- Through this application filed under Section 426, Cr.P.C., the appellants seek suspension of sentences awarded by the learned IInd Additional District and Sessions Judge, Thatta, in Sessions Case No. 100 of 2011 arising out of Crime No. 14 of 2011 registered at police station Chuhar Jamali under Section 302/34, P.P.C., whereby the learned trial Court vide judgment dated 27.05.2015, convicted the appellants under Section 302(b), P.P.C. and sentenced them for life imprisonment with fine of Rs.200,000/- each and in case of recovery of the fine amount, the same will be paid to the legal heirs of the deceased Mohammad Sulleman as compensation and in case of default, it was further ordered that appellants will suffer six months' more S.I. However, appellants were also extended benefit of Section 382(B), Cr.P.C. for the period they remained…

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