Law: Pakistan Penal Code, 1860

Section: 302/149,

Law: Criminal Procedure Code (V of 1898)

Section: 6(2)(a), 7(a)

SUMMARY The applicants, who had been convicted and sentenced to death under Sections 302/149, P.P.C. read with Sections 6(2)(a) and 7(a) of the Anti-Terrorism Act, 1997, sought suspension of their sentence and release on bail under Section 426(2-B), Cr.P.C. after the Supreme Court granted leave to appeal against their convictions. They argued that the Supreme Court had granted leave because issues relating to the identification parade, an eyewitness's testimony, and compliance with Section 342, Cr.P.C. required consideration. The State opposed the application, contending that suspension of sentence under Section 426(2-B), Cr.P.C. is discretionary and that grant of leave by the Supreme Court does not automatically entitle a convict to bail. The High Court dismissed the application, holding that Section 426(2-B), Cr.P.C. confers a discretionary power on the High Court to suspend a sentence only if it considers it appropriate, even where special leave to appeal has been granted by the Supreme Court. The Court further held that it cannot reappraise evidence while deciding an application under Section 426(2-B), Cr.P.C., and clarified that the Supreme Court had merely recorded the petitioners' arguments rather than making findings on the merits. As the applicants failed to demonstrate any special or sufficient grounds for suspension of sentence, particularly in a case involving the murder of a police official, their application for bail was dismissed. ORDER   ZAFAR AHMED RAJPUT, J-.  Through instant Crl. Misc. Application under section 561-A, Cr. P.C, applicants (1) Janan @ Janu s/o Kouro Chandio, (2) Aijaz s/o Janan @ Janu Chandio and (3) Ali Hasan s/o Gullan Chandio by invoking the provisions of section 426 (2-B), Cr. P.C. seek their release on bail by suspending their sentence during pendency of their Cr. Jail Petitions Nos. 263 & 264 of 2020 before the Apex Court, on granting leave to appeal, vide order dated 08.02.2023,    2. Briefly stated facts of the case leading to the filing of present application are that the applicants were nominated in Crime/F.I.R. No.380 of 2008, registered on 12.08.2008 at Police Station Dadu under…