Law:

Section:

(a) Criminal Procedure Code (V of 1898)---.--- ---.----Ss. 426 & 497---.---Bail---.---Grant and refusal of bail---.---Principles---.---Distinction---.---Held, there was difference between the principles for grant or refusal of bail to a convict person and a person who had not been convicted or was yet under trial---.---Presumption of innocence existed in favour of a person, who was facing the trial and not yet convicted by the Trial Court---.---Unless and until a person was not convicted, the presumption of innocence was in his favour---.---The moment a person was convicted by a competent court of law, he would lose the initial presumption of innocence in his favour---.---Person, convicted in non-bailable offence by competent court of law, would normally not be entitled to bail---.---Person who was convicted, would not normally be released on bail, unless and until some other extraordinary circumstances were found---.---Bail was a concession which was meant for those noble and respectable persons who had been roped into a case falsely; and the evidence against whom was not reliable and sufficient---.---In a case when the conviction had been recorded, the appellate court should be more alert and cautious while suspending the sentence and allowing the concession of bail---.---Court should not take it lightly and adopt it as routine, otherwise it would be engender of encouragement to vandalism---.---If in such like cases concession would be allowed without any solid and cogent reasoning, then the lachrymose maledictions of poor victims would ruin the courts. Muhammad Murad v. The State 1986 PCr.LJ 64 ref. (b) Criminal Procedure Code (V of 1898)---.--- ---.----S. 426---.---Penal Code (XLV of 1860), Ss.324, 337-A(ii) & 448---.---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---.---Attempt to Qatl-i-amd and house trespass---.---Suspension of sentence--Guiding principles---.---Very strong grounds were required for the suspension of sentence; there must be strong and cogent reasoning, through which it could be ascertained that the conviction would not sustain---.---No doubt it was the entire discretion of the court, but the discretion had…

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