Law:

Section:

(a) Criminal Procedure Code (V of 1898) S. 426(1)Penal Code (XLV of 1860), Ss.302/324/148/149­Suspension of sentencePolice opinionOpinion of the Investigating Officer finding the accused innocent in respect of the charge against him is totally irrelevant after the finding of guilt recorded, on evaluation of evidence by a competent Court of law. (b) Criminal Procedure Code (V of 1898) Ss. 497(5) & 426(1)Penal Code (XLV of 1860), Ss.302/324/148/149­Constitution of Pakistan (1973), Art. 185(3)Suspension of sentence­Cancellation of bail granted to accused by High Court under S.426(1), Cr.P.C.Neither proper nor just to comment upon the merits of the evidence, after a verdict of guilt having been recorded by a competent Court of lawOpinion of the Investigating Officer with regard to the guilt or innocence of the accused was irrelevant and of no avail for the suspension of his sentence Supreme Court would not hesitate to interfere with the exercise of discretion in exceptional cases where such exercise was arbitrary, perverse or contrary to the settled principles of lawHigh Court under S.426(1), Cr.P.C. had exercised its discretion in a manner which was not warranted by lawPetition for leave to appeal, was consequently converted into appeal and the impugned order suspending the sentence of accused was set aside. Altaf Hussain v. The State PLD 2000 Lah. 216 and Sultan Khan v­Amir Khan PLD 1977 SC 642 ref. JUDGMENT RANA BHAGWAN DAS, J. Leave to appeal is sought against High Court's order dated 19122000, whereby -Respondent Abid Hussain was admitted to bail, pending hearing of his appeal against conviction under sections 302/324/148/149. He was tried alongwith coaccused Khalid Pervez. Manzoor Ahmad, Zafar Abas, Muhammad Safdar and Ashiq Hussain. Apart from Abid Hussain, Khalid Pervez and Manzoor Ahmad were convicted and sentenced to imprisonment for life and R.I. for 7 years vide judgment dates 2532000, in addition to the payment of compensation of Rs.10,000 each to the legal heirs of Khan Muhammad deceased. Remaining accused were, however, acquitted. 2. -Respondent appealed against conviction and applied for suspension of his sentence, which was seriously opposed by…

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