Law: Criminal Procedure Code (V of 1898)

Section: 426(1-A)(c)

Criminal Procedure Code. 1898 (V of 1898)-- —S.426(l-A)(c)-Sentences including sentence for life imprisonment- Suspension of-Prayer for-Refusal of--Challenge to-High Court had declined to release petitioner on bail under clause (c) of sub-section 1-A of Section 426 for reason that petitioner alongwith co-accused was convicted for murdering two boys and afterwards their father was also murdered during pendency of present case—Held: It seems that there are counter murder cases beween parlies and therefore, it was not a fit case for pressing into service clause (c) of sub-section 1-A of Section 426 of Cr.P.C-Leave refused.            [P.46SJA ORDER Ajmal Mian, J.--(l) This is a petition for leave to appeal against the order dated 20.5.1992 passed by a Division Bench of the Lahore High Court in Criminal Misc. Nos.7 8 of 1992 filed by the petitioner seeking suspension of the sentences including life imprisonment awarded by the learned Punjab Special Court for Speedy Trial No.l under the judgment dated 18.1.1989 under Section 426 (1-A) of Cr.P.C. during the pendency of the appeal before the Lahore High Court, declining the same on the ground that the petitioners earlier two applications were rejected by the High Court through orders dated 2.2.1991 and 13.3.1991. The petitioner has, therefore, filed the present petition for leave to appeal. (2) In .support of the above petition, Sardar Muhammad Latif Khan Khosa, learned ASC appearing for the petitioner has vehemently contended that the learned Judges of the Division Bench were not justified to decline the petitioners above applications as he has been in Jail for nearly four years after the filing of his appeal in the High Court and, therefore, the petitoner was entitled to seek suspension of the sentences by virtue of clause (c) of sub section 1-A of Section 426 Cr.P.C. In order to appreciate the above contention, it may be pertinent to reproduce above sub section (1-A) with its above clause (c) of Section 426 and sub secton (1) of Section 497 with its 3rd and 4th provisos of Cr.P.C. which read as follows: Section 426 Cr.P.C. (1-A) An appellate Court shall, unless for reasons to be…

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