Law: Criminal Procedure Code (V of 1898)

Section: 426

Criminal Procedure Code (V of 1898)--- ----S.426---Suspension of sentence, pending appeal---Scope---Accused sought suspension of his sentence---Court had to be closed for a period of two months on account of winter vacations, hence, there was no chance of fixation of main petition in near future---Accused had remained on bail during his trial and there was no allegation that he had misused the concession of bail during his trial---Since the sentence awarded to the accused was short one, therefore, chances could not be ruled out that the main revision of the accused could not be heard till the period of coming six months---If it happened so, then under S.426(1-A)(a), Cr.P.C., the accused would be entitled for bail on lapse of statutory period of six months---Petition was allowed, sentence awarded to the accused was suspended and he was ordered to be released on bail. Ali Haider and Usama Zubairi for Petitioner. Muhammad Zakir, DAG for the State assisted by Liaqat Ali Boto for the Complainant. hearing date: 4th December, 2021. ORDER RAJA SHAKEEL AHMED, J.----Through above titled petition the conviction/petitioners assailed the impugned judgment dated 5-5-2021 passed by the learned Judicial Magistrate Skardu and order dated 17-12-2021 passed by the learned Sessions Judge Skardu, wherein the learned Sessions Judge maintained conviction and sentences awarded by the trial Court and dismissed the appeal of convict/appellant holding devoid of merit. Along with the above Cr. Rev the petitioner/convict also submitted Cr. Misc. No. 10/21 under section 426, Cr.P.C. 2. Through Cr. Misc. No. 10/21 under section 426, Cr.P.C, Bismillah Khan convict/petitioner seeks suspension of the sentence in case FIR No.30/2017 dated 18/05/2017 offence under section 380/457, P.P.C. registered at Police Station City Skardu vide judgment dated 17/11/2021 wherein the learned Sessions Judge maintained conviction and sentences awarded by the trial Court and dismissed the appeal of convict/appellant holding devoid of merit. Whereas the learned trial Court after trial on merit vide its judgement dated 05/05/2021, had convicted the accused/petitioner and sentenced him as under. “In view of above…

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