Law: Criminal Procedure Code (V of 1898)

Section: 382-B,426,426(1),497

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code (V of 1898)--- ----S. 426(1)---Suspension of sentence---Power of Appellate Court under S.426(1), Cr.P.C., was not limited and court, pending disposal of appeal, could suspend the sentence of a convict in an appropriate case on its discretion for good and sufficient reasons---Such power of suspension of sentence and grant of bail, was not wider than the one under S.497, Cr.P.C. Nazeer Ali alias Nazeer v. State 2011 YLR 403 and Shafquat Mehmood v. State 2007 PCr.LJ 1035 ref. Allah Ditta Khan v. State PLD 2002 SC 845 rel. THIS ORDER PASSED BY: MUHAMMAD ALI MAZHAR, J.--- The appellant has moved this application under section 426, Cr.P.C. for suspension of his sentence. Succinctly, the facts of the case are that vide judgment dated 28-7-2011, appellant Mitho alias Muhammad Mithal was convicted under section 302, P.P.C. to suffer R.I. for five years in Sessions Case No. 165 of 2002, decided by the learned Sessions Judge, Sukkur. 1. The learned counsel argued that in the concluding paragraph of the judgment, it is mentioned that prosecution has proved the case against accused Mitho and Manzoor to the extent of sharing common intention as they facilitated the accused who caused injuries to deceased and while taking a lenient view they were convicted to suffer R.I. for a period of five years each and to pay fine of Rs.10,000 each. It is further mentioned in the impugned judgment that appellant Mitho was on bail, his bail bond was cancelled, surety was discharged and he was taken into custody and remanded to jail along with conviction slip. However, benefit of section 382-B, Cr.P.C. was extended to him for the reason that he was arrested on 2-7-2002 and bailed out on 23-12-2003, therefore, his period of detention was directed to be deducted from his conviction. 2. The learned counsel for the appellant further argued that appellant has already served his sentence more than 19 months while the remaining period of sentence is only three years. He urged that this is an appeal instituted in the year 2011, therefore, keeping in view the backlog it will take sufficient time to decide and conclude. In support of his arguments, the learned counsel relied…

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