Law:

Section:

Criminal Procedure Code (V of 1898)---S. 426---Surrender of Illicit Arms Act (XXI of 1991), S.7(b) & (c)--Constitution of Pakistan (1973), Art.185(3)---Suspension of sentence---Appeal filed by the accused being still pending disposal in High Court, Supreme Court declined to give any finding on the questions raised on behalf of accused, lest the same might prejudice the fate of the said appeal---Accused, who was in custody for over an year, however, had made out a case which warranted suspension of his sentences---Petition was consequently converted into an appeal which was allowed---Sentences awarded to accused were suspended and he was directed to be released on bail. 1994 PCr.LJ 1446 and 2000 YLR 12 ref. JUDGMENT KHALIL-UR-REHMAN RAMDAY, J---The petitioner who is stated to be a complainant in a murder case in which his son and his nephew had been murdered was found in possession of illicit arms i.e. one kalashnikov, one .12 bore double barrel gun and one .30 bore pistol, Pursuant to his trial, he was convicted under section 7(b) and (c) of the Surrender of Illicit Arms Act of 1991 and was punished with 10 years' R.I. He is now before the High Court impugning the said conviction and punishment recorded against him. Criminal Appeal No.1675 of 2004 filed by him for the purpose is still pending adjudication. The petition before the said learned Court under section 426, Cr.P.C. seeking suspension of the said sentences imposed upon him was dismissed through an order, dated 11-1-2005. Hence this petition. 2. Relying upon 1994 PCr.LJ 1446 and 2002 YLR 12, the learned Advocate Supreme Court for the petitioner submits that no notification as envisaged by section 4 of the said Act of 1991 had ever been issued, that the said Act was a one time legislation under which persons…

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