Law: Pakistan Penal Code, 1860

Section: 302(b),149,324,336,337L(ii),426(1)

Law: Criminal Procedure Code (V of 1898)

Section: 497

(a) Criminal Procedure Code (V of 1898)--- ----S. 426---Penal Code (XLV of 1860), Ss.302(b)/149, 324/149 & 336/149---Suspension of sentence---Two injured prosecution witnesses who had received two simple injuries each in the shape of abrasions had involved five persons out of whom one accused had been acquitted on the basis of same evidence---Allegation against the accused was general in nature---Medical evidence, prima facie, did not commensurate with prosecution version---Case of accused was not distinguishable from that of acquitted co-accused and required re-consideration and reappraisal of evidence---Accused had already undergone the sentence of more than one and a half years and their appeal was not likely to be heard in near future---Two co-accused charged with the similar role had already been admitted to bail by High Court---Sentence of accused was suspended and they were granted bail in circumstances. Liaqat and another v. The State 1995 SCMR 1819; Makhdoom Javed Hashmi v. The State 2007 SCMR 246; Babar Ali v. Bashir Ahmad and another 2007 SCMR 184 and Raja Shamshad Hussain v. Gulraiz Akhtar and others PLD 2007 SC 564 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 426(1) & 497---Suspension of sentence---Recording of reasons essential but no criterion provided for the same---Section 426(1), Cr.P.C. though had made recording of reasons essential in case of suspension of sentence, but has not prescribed any guidelines or the manner for exercising such a discretion as how and what would be the criterion for recording the reasons---Provisions under S.426(1), Cr.P.C. and S.497, Cr.P.C. are analogous to each other---Sentence or detention in both the cases is to be suspended pending hearing of the appeal or trial and the convict or the detenue is to be released on bail with the only difference that in the former case the person is a convict already found guilty, while in the latter case he has been charged only to face the trial and is still to be proved guilty. Raja Shamshad Hussain v. Gulraiz Akhtar and others PLD 1007 SC 564 ref. ORDER Criminal Misc. No.10 of 2007 Through this application.. Muhammad Hashim, Muhammad Qasim, Ashiq sons of…

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