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1971 S C M R 657
Present : Hamoodur Rahman, C. J. and Salahuddin Ahmed, J
MAQSOOD‑Petitioner
versus
ALI MUHAMMAD AND ANOTHER‑Respondents
Petition for Special Leave to Appeal No. 183 of 1971, decided on 8th October 1971.
(On appeal from the judgment and order of the Lahore High Court at Lahore, dated 16‑6‑1971, passed in Cr. Misc. No. 1187/B of 1971, in Criminal Appeal No. 31 of 1971).
(a) Criminal Procedure Code (V of 1898),
S. 426‑Appellant convicted, by trial Court, to transportation for life‑Appellate Court has power under S. 426 to suspend sentence and release him on bail‑No limitation laid clown in S. 426 that appellate Court could not grant bail prior to calling for record and perusing same.
(b) Criminal Procedure Code (V of 1898),
Ss. 426 & 497(1) Appellant convicted by trial Court to transportation for life‑High Court, in appeal, ordering suspension: of sentence an] releasing appellant .on bail on ground of illness‑Held : discretion exercise by High Court proper‑Principle laid down in proviso to S. 497(1), Cr. P. C. that such a person could be released on bail could be followed in granting bail under S. 426.
(c) Practice and procedure
‑Statute laying dawn certain principles for doing some acts‑Such principles may be taken as guidelines for doing something of same nature which is in discretion of Court.
Ch. Khalid Mahmood, Advocate Supreme Court instructed by S. Inayat Hussain Shah, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 8.th October 1971.
HAMOODUR RAHMAN, C. J.‑
The respondent in this case was tried and convicted by the Sessions Judge, Bahawalnagar, on the 12th April 1971, along with three others. He was sentenced along with one Ashraf to transportation for life and a line of Rs. 2,00() or in default further rigorous imprisonment of six months. Their appeal has been admitted for hearing by the High Court at Lahore. In the meantime, respondent, Ali Muhammad, applied under section 426, Cr. P. C. for the suspension of his sentence on the ground of illness and old age.
A Division Bench of the High Court called for a report from the Doctor‑in‑Charge of the Jail Hospital. The report disclosed that the said respondent was 75 years old and was suffering from active arthritis and urinary infection. He was also reported to be suffering from Hypertension and swollen and painful joints. After perusal of this report the High Court suspended his sentence on condition that he
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