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BASHIR AHMED versus STATE


Section 6 42 sentence The appeal against the sentence of conviction was admitted at the hearing, but the prayer of the sentence suspended was rejected by the Supreme Court.

1982 S C M R 1177

Present: Aslam Riaz Hussain and M. S. H. Qureshi, JJ

BASHIR AHMED AND OTHERS‑Petitioners

Versus

THE STATE‑Respondent

Criminal Petition for Special Leave to Appeal No. 226 of 1982, decided on 20th June, 1982.

(Against the order of Lahore High Court, dated 19‑5‑1982 passed in Criminal Appeal No. 224 of 1982).

Criminal Procedure Code (V of 1898)‑

--S. 426‑Suspension of sentence‑Appeal against conviction admitted to hearing but prayer for suspension of sentence refused‑Supreme Court declined to interfere with discretion exercised by Judge in Chamber.‑[Bail].

Muhammad Abdus Saleem, Advocate Supreme Court with Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioners.

Nemo for the State.

Date of hearing : 20th June, 1982.

ORDER

ASLAM RIAZ HUSSAIN, J.

‑The petitioners seek Leave to Appeal against the order of the High Court dated 19‑5‑1982, rejecting their bail application under section 426, Cr. P. C.

2. They were tried and convicted under sections 366/376, P. P. C. and sentenced to various terms of imprisonment. The maximum sentence awarded being more than 4 years' R. I. they filed an appeal before the High Court, which was admitted to hearing. They also applied for suspension of their sentence. That application was, however, dismissed ‑vide the impugned order, Hence the present petition.

3 We have heard the learned counsel for the petitioners and gone through the impugned order, but we are not persuaded to interfere with the discretion exercised by the learned Judge in Chamber.

The petition is, therefore, dismissed.

Petition dismissed.

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