Law: Criminal Procedure Code (V of 1898)

Section: 426,497

(a) Criminal Procedure Code (V of 1898)--- ----S. 426---Application for suspension of sentence, pending appeal---Appeal was pending since 2003, paper book had been prepared, but case could not be listed for regular hearing due to heavy pendency of cases---Every litigant had a right that his case should be decided without loss of time---Arguments advanced by the counsel for accused went to the root of the case, which could only be appreciated at the time of hearing of appeal when the entire evidence available on record would be thrashed out---While hearing an application under S.426, Cr.P.C., deeper appreciation of evidence was not required---Application for suspension of sentence was disposed of with direction to office to fix the matter for regular hearing within specified period. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 426 & 497---Granting bail pending appeals in offences falling under the prohibitory clause of S.497, Cr.P.C.---Bail, pending appeals in the offences falling under the prohibitory clause, could not be granted, unless it was shown that conviction was based on no evidence or inadmissible evidence and was not ultimately sustainable---Grant of bail without considering or ascertaining question. of guilt or innocence on merits through appraisal of evidence, was not justified. Muhammad Saleem v. The State PLD 2006 SC 483 rel. ORDER NADEEM AZHAR SIDDIQI, J.--By this application, the appellant has prayed for releasing him on bail during pendency of appeal. The learned counsel for appellant submits that the impugned conviction and sentence is opposed to the facts and evidence available on record and that appellant is in custody since last more than 4 years. The learned Assistant A.-G. submits that the appellant was convicted and sentenced for life imprisonment and unless…

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