Law:

Section:

Constitution of Pakistan (1973)--- Art. 185(3) read with Penal Code (XLV of 1860), S. 302/149¬Murder Evidence High Court, pending appeal against conviction, suspending sentence of five of accused but dismissing such prayer made by four other co accused Contention that no distinction existed between cases of two sets of accused persons appears to be correct¬ Held, notwithstanding similarity of accused, discretion exercised by High Court in a matter still pending before it cannot be interfered with by Supreme Court. ORDER NASIM HASAN SHAH, J. The petitioners alongwith their co accused, have filed an appeal before the Lahore High Court against their conviction under section 302/149, P. P. C. for which they were sentenced to life imprisonment and against their conviction for other offences for which also they have been imposed various sentences. These have been ordered to run concurrently with the sentence under section 302/149, P. P. C. They also applied, alongwith 8 other co accused, for suspension of their sentence pending the final hearing of the appeal filed by them in the High Court. 2. A learned Single Judge of the High Court, by his order dated 10 6 1982,…

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