Law:

Section:

Criminal Procedure Code (V of 1898)--S. 426 (I-A)-Suspension of sentence pending appeal --- Appeal against conviction pending and - period of six months counted from date of conviction not elapsing - High Court's Order refusing to suspend sentence in exercise. of its discretionary powers, held, not liable to challenge in Supreme Court. ORDER MUHAMMAD AKRAM, J.-According to the prosecution while Ahmad Din and. Aziz co-accused had gauged out the eye-balls of Muhammad Aslam P. W. with their respective knives, petitioners Nos. 1 and 2 herein had inflicted injuries with their lathis on him and Khan alias Khanu petitioner No. 3 was instrumental in preventing the eye-witnesses from coming to for his rescue. The petitioners along with the two co-accused were sent up for trial under section 307/326/148/149, P. P. C. before Chaudbry Muhammad Akram, Magistrate First Class with Section 30 powers, Okara. Eventually he convicted all the five accused and taking a comparatively lenient 'view sentenced the three petitioners herein to suffer two years' R. I. under section 326/ 149, P. P. C. and one year's R. 1 under section 148, P. P. C. and fine. The five convicts then filed a joint appeal against their convictions and sentences. A learned Judge of the Lahore High Court while admitted the appeal to a regular hearing declined to suspend the sentences awarded to them. This order was passed by a learned Judge of the Lahore High Court at Lahore on the 4th March, 1979. In these circumstances the three petitioners herein have filed this petition for special leave from the order dated 4th of March, 1979 refusing to 1 suspend the sentences awarded to them pending the disposal of…

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