Law:

Section:

Constitution of Pakistan (1973)--- Art. 185(3)-Penal Code (XLV of 1860), S. 302/34-Criminal Procedure Code (V of 1898). Pension of sentence-Period of two elapsing since filing of appeal by petitioner in High Court-Record of case not yet printed and likelihood of appeal being fixed for final hearing for quite some time-Held, case was fit for suspension of petitioner's sentence under section 426, Cr. P. C.-Petition converted into appeal, sentence suspended and petitioner admitted to bail.-[Bail]. Maqbul Elahi Malik, Advocate Supreme Court with Sh. Abdul Karim, Advocate-on-Record for Appellant. M. A. Bajwva, Advocate Supreme Court for the State. Date of hearing: 26th May, 1984. ORDER ASLAM RIAZ HUSSAIN, J.-Muhammad Azam and Muhammad Zaman, petitioners, seek leave to appeal against the order of the Lahore High Court, dated 23-4-1984, dismissing their application under section 426, Cr. P. C. for suspension of their sentence. 2. We issued notice to the State and have heard the learned counsel for both sides. 3. The facts, briefly, are that the petitioners have been convicted under section 302,134, P. P. C, and both of them were sentenced to imprisonment, for life. They filed an appeal before the High Court which is pending; decision. Alongwith the appeal they also applied under section 426, Cr. P.C.…

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