Law:

Section:

(i) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 426--Pakistan Penal Code (XLV of 1860), Ss. 124-A, 131, 109, 468, 471, 469 & 505(a)--Constitution of Pakistan, 1973, Art. 185(3)--Leave to appeal--Suspension of sentence sought by the petitioner--Contention raised involved deeper appraisal of evidence--Conviction of the petitioner by trial Court under section 124-A, 131, 109, 468, 471, 469 & 505(a) PPC--Appeal is pending before High Court--Petitioner also moved an application for suspension of sentence before High Court which was dismissed, feeling aggrieved by the order of High Court the petitioner filed this petition--High Court had taken into consideration all aspects of the matter in the light of the material available on record and on the basis of tentative assessment of evidence has held that no case for suspension of sentence was made out--Supreme Court under Article 185(3) of the Constitution of the Pakistan is not obliged to interfere in the order of the High Court declining to suspend the sentence of a person under S. 426 Cr.P.C.--Held: Questions raised by the parties cannot be answered without deeper appreciation of evidence and such an exercise is unwarranted for the purpose of suspension of sentence and grant of bail after conviction--Petitioner had undergone a considerable portion of the sentence, plea taken for suspension of sentence--Validity--Accused has undergone a considerable portion of the sentence awarded to him u/S. 131 PPC and almost has completed the full term of his sentence on remaining charges has no force because such reason may not as such be considered a ground per se to suspend the sentence of accused. [P. 454] B & C (ii) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 426--Suspension of sentence--Principle--Sentence under Section 426 Cr.P.C. cannot be suspended unless it is shown that it is based on no evidence and there is no ultimate possibility of the conviction of a person to sustain. [P. 453] A Order Iftikhar Muhammad Chaudhry, CJ.--This petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan has been directed against the order dated 24th March 2005, passed by a learned Judge…

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