Law: Criminal Procedure Code (V of 1898)

Section: 426(1-A)

Law: Penal Code (XLV of 1860)

Section: 302(b)/337-F(ii)/34

(a) Criminal Procedure Code (V of 1898)--- ----S. 426(1-A)---Penal Code (XLV of 1860), Ss. 302(b)/337-F(iii)/34---Suspension of sentence---Statutory delay---Accused was convicted and sentenced by Trial Court and appeal against the conviction and sentence had been pending decision before High Court since 27-2-2007---Plea raised by complainant was that two earlier applications for suspension of sentence filed by the accused had already been dismissed---Validity---Seeking suspension of sentence in view of amended S.426(1-A), Cr.P.C. was an independent right and accused could validly apply for the relief even after dismissal of his petitions on merits under S.426, Cr.P.C.---Accused was not responsible for delay in decision of his appeal in any manner and his case did not fall within the proviso to S.426(1-A), Cr.P.C.---High Court, without touching merits of appeal, suspended the sentence---Petition was allowed accordingly. Liaqat and another v. The State 1995 SCMR 1819 fol. (b) Criminal Procedure Code (V of 1898)--- ----S. 426(1-A)---Suspension of sentence---Word "shall"---Effect---Legislature has inserted the word "shall" purposely to make the same mandatory and in case falling within the purview of S.426(1-A) Cr.P.C., suspension of sentence is a rule and its refusal is an exception---Court can refuse suspension of sentence if the case of accused falls within the proviso to S. 426(1-A), Cr.P.C. (c) Criminal Procedure Code (V of 1898)--- ----S. 426(1-A)---Suspension of sentence---Pre-condition---Appellate Court, deciding such application is under obligation to ascertain that delay in decision of appeal has not been occasioned by any act or omission of appellant or any person acting on his behalf. ORDER C.M. No.1 of 2011 Through this criminal miscellaneous, Navid alias Navidi, petitioner-appellant seeks suspension of his sentences on the statutory ground i.e. non-disposal of his appeal within the stipulated period mentioned in the latest amendment in section 426, Cr.P.C. The petitioner/appellant has been convicted and sentenced by the learned Additional Sessions Judge, Faisalabad vide impugned judgment dated 19-2-2007, as under:-- Under section 302(b), P.P.C. Life…

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