Law: Code of Criminal Procedure (CrPC), 1898

Section: 426(2) & 426(1-A)

Law: Pakistan Penal Code (XLV of 1860)

Section: 307/34

(a) Criminal Procedure Code (V of 1898)-------S. 426(1-A) [as amended by Law Reforms Ordinance (XII of 1972)] & 2--�Suspension of sentence by High Court in appeal pending before subordinate Court---Section 426(2), Cr.P.C. has become redundant in view of the amendment introduced in subsection (1-A) of S.426, Cr.P.!'_ as an accused ha-, acquired a right for the suspension of his sentence pending decision of his appeal if the same is not decided within the stipulated period(b) Criminal Procedure Code (V of 1898)-------Ss. 426(2) & 426(1-A)---Penal Code (XLV of 1860), S.307/34---Suspension of sentence by High Court in an appeal pending before Sessions Court---Petition misconceived---Sessions Court had declined to suspend the sentence of accused in his appeal pending before it---Accused, however, could refile such application under S.426(1-A), Cr.P.C. on the ground of statutory delay in the decision of his appeal--- Provisions of S.426(2), Cr.P.C. having become redundant after the insertion of S.426(1-A), Cr.P.C. accused could not invoke the jurisdiction of High Court thereunder and his application was dismissed being misconceived and not competent.JUDGMENT The petitioner was convicted by a learned Magistrate Section 30, Jaranwala, District Faisalabad vide judgment dated 29-10-1996 in a case registered vide F.I.R. No.215 of 1990 dated 10-4-1990 under section 307/34, P.P.C. registered at Police Station Jaranwala. He was awarded 2 1/2 years' R.I. with a fine of Rs.10,000 as compensation under section 544-A, Cr.P.C. with a direction that it should be given to the injured P.W. and the benefit of section 382-B, Cr.P.C. was also given. Against his conviction, the petitioner filed an appeal in the Sessions Court and prayed for suspension of his sentence under section 426, Cr.P.C. The learned Additional Sessions Judge, Faisalabad vide his order dated 4-11-1996 declined to suspend his sentence; hence this petition. 2. This petition has been filed under section 426(2), Cr.P.C. on the ground that this Court has the power to suspend the sentence even in a case which is not before this Court in appeal and the appeal is pending in the lower Court. 3.…