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Criminal Procedure Code (V of 1898)--S. 426---Penal Code (XLV of 1860), S. 406---Constitution of Pakistan (1973), Art. 185(3)---Suspension of sentence---Petitioner/convict was sentenced to three years' R. I. with fine by Trial Court, but Appellate Court below enhanced sentence of petitioner to five years' R.I. ---Petitioner filed appeal against his conviction and sentence before High Court alongwith petition for suspension of sentence, but High Court declined to suspend sentence of petitioner---Validity---Since sentence awarded to petitioner was short and was enhanced by Appellate Court below, case .was fit in which High Court should have exercised its discretion in favour of petitioner/convict----Supreme Court converted petition for leave to appeal into appeal and admitted petitioner to bail. ORDER AJMAL MIAN, C.J.---By this order we intend to dispose of above two petition which are directed against the order, dated 23-11-1998 passed by the learned Single Judge of the Lahore High Court upon Criminal Miscellaneous No.2 of 1998 filed by the petitioner for suspension of the sentence awarded by the learned Additional Sessions Judge his order, dated 8-10-1998, dismissing the same. 2. The brief facts are that the petitioner was tried by the Judicial Magistrate, Section 30, Lahore, under section 406, P.P.C. and was convicted and sentenced to three years' R.I., with a fine of Rs.5,000 or in default of payment of fine further imprisonment for three months. It appears that the petitioner/convict filed an appeal whereas the complainant filed a revision for the enhancement of the sentence. The learned Additional Sessions Judge by his above judgment, dated 8-10-1998 enhanced the sentence to five years and the amount of fine Rs.10,000 from Rs.5,000 and in default of payment of fine to undergo further S.I. for three months. Against the above order/judgment the petitioner filed an application under section 561-A, Cr.P.C. and revision before the…

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