RAJA SHAMSHAD HUSSAIN versus GULRAIZ AKHTAR
Article 302/34/109 Criminal Code of Conduct (v. 1898), Section 426 Constitution of Pakistan (1973), Article 185 (3) The sentence was suspended by the Appellate Court and the accused was released on bail. The observations made by the High Court during the hearing may influence the appeal decision on the merits, as the appellate court of justification should not be affected by these observations as they should be taken temporarily and pending questions before the court. The decision was only for a limited purpose. There is every possibility for the suspension of punishment because of the lack of proper assistance on the legal plane, as well as the facts at times, because the matter cannot be taken so seriously as it is at the time of the appeal decision. There will be an interim court. Such observations may be ignored or may not be advertised. The doctrine adopted by the High Court was found to be appropriate exercise of the discretion of the court under Secto. n426, the CRPC, which did not deserve interference, refused to interfere with the Supreme Court's bail unless the situation was of extraordinary character and the refusal to do so clearly outweighs any unlawful risk or action. There may be a risk of serious misconduct or serious acts of wrongdoing. Bail should not be interfered with lightly: Supreme Court refuses to intervene in suspension order passed by High Court
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