Law:

Section:

Criminal Procedure Code (V of 1898)--S. 426---Penal Code (XLV of 1860), S. 302---Constitution of Pakistan (1973), Art. 185(3)---Suspension of sentence- --Convict had sought suspension of his sentence on statutory ground of delay of two years in disposal of his appeal against his conviction and sentence by filing application under S. 426, Cr.P.C.---Court was not only willing to dispose of appeal of convict on date when his application under S. 426, Cr.P.C. for suspension of sentence came up for hearing, but he was offered that it could be heard within a week on a date of choice of convict's counsel, but he declined to avail offer of the Court and when appeal came up for hearing same could not be heard as counsel for convict was not present---Application for suspension of sentence was rightly dismissed by Court in view of the fact that when Court, instead of deciding application for suspension of sentence, was willing to proceed with main appeal, it would be a valid ground for not granting application under S. 426, Cr.P.C. Liaqat v. State 1995 SCMR 1819 rel. Sardar Muhammad Ishaq Khan, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Malik Rab Nawaz Noon, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for the Complainant. Date of hearing: 11th December, 1996. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---The above petition for leave to appeal is filed by the petitioner to challenge the order of Lahore High Court, Rawalpindi Bench, dated 14-7-1996 whereby a learned Judge in Chambers declined to suspend the sentence of the petitioner under section 426 Cr.P.C.. The petitioner was convicted under section 302(b), P.P.C., and sentenced to life imprisonment plus fine of Rs.50,000 to be paid as compensation to the legal heirs of the deceased or in default to undergo simple imprisonment for six months, by the trial Court. 2. The application was filed by the petitioner for suspension of his sentence under section 426 Cr.P.C. on the ground of statutory delay of two years in the disposal of the appeal against his conviction and sentence. The admitted position in the case is that the petitioner was convicted for the offence under section…

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