RIAZ HUSSAIN versus THE STATE
Criminal Code of Conduct (CR PC) Sections 497 (5) and 426 (1) of the Criminal Code (XLV of 1860), Section 302/324/148/149 Constitution of Pakistan (1973), Article 185 (3) repeal of the suspension of sentence Given to the accused by the High Court under section by26 by (1), the opinion of the investigating officer on the CC PCC is not appropriate in respect of the merits of the evidence after the decision of the trial court to register the offense. And have no comment. The accused's guilt or innocence was irrelevant and his sentence had no benefit of suspension. The Supreme Court will not refrain from interfering with the exercise of discretion in extraordinary cases where such exercise was forbidden, distorted or in violation of the rules of law. Under section 262626 (1), the PC used its discretion in a manner which did not validate the law for leave to appeal, and was consequently converted into an appeal. And the unclean order of suspension of the accused was set aside.
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