Law:

Section:

Penal Code (XLV of 1860)-------S. 300---Constitution of Pakistan (1973), Art.185(3)---Qatl-i-Amd---Petitioner was aggrieved by order of High Court suspending death sentence of respondent in an appeal against conviction and death sentence awarded for committing act of Qatl-i-Amd---Grounds which weighed with Division Bench of the High Court for suspension of sentence of respondent appeared to be that as per. ocular account respondent was attributed only ineffective firing in air and that hearing of appeal would consume a great deal of time---No ground for interference with exercise of discretion of the High Court was made out as it did not suffer from any serious illegality, legal infirmity or error of jurisdiction---Since the High Court was seized with the appeal of respondent and co-convicts, it could not be said that by suspending the sentence, it acted without jurisdiction---No ground having been made out for the grant of leave to appeal, petition was dismissed. Muhammad Afzaal Siddiqui, Advocate Supreme Court with Mian Atta-ur-Rehman Advocate-on-Record for Petitioner. Khurram Latif Khosa, Advocate Supreme Court with Faiz-ur-Rehman, Advocate-on-Record for Respondent No.1. Chaudhry M. Sadiq, Additional Advocate-General Punjab for the State. Date of hearing: 11th December, 2006. JUDGMENT RANA BHAGWANDAS, J.--- Petitioner is aggrieved by High Court order, dated 11-7-2005 suspending death sentence of respondent-Shoaib alias Labba in an appeal against conviction and death sentence for committing act of Qatl-i-Amd. 2. Apart from the respondent, Shafqat Hussain, Muhammad Sarwar, Muhammad Anwar, Zulfiqar Ahmad, Saiful Malook and Bashiran Bibi were tried for the commission of Qatl-i-Amd of them, death sentence was awarded to respondents Shoaib and Muhammad Anwar while Muhammad Sarwar was sentenced to life imprisonment. Co-accused-Zulfiqar Ahmad, to whom active part in the commission of the crime was attributed and…

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