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Criminal Petition No. 206 of 1983, decided on 2nd November, 1983.
(Against the order of the Lahore High Court, dated 30‑4‑1983, passed in Criminal Appeal No. 75 of 1981).
----Art. 185(3)‑Penal Code (XLV of 1860), S. 302/34 Criminal Procedure Code (V of 1898), S. 426‑Application for suspension of sentence by accused ‑ High Court dismissing such application and observing that we don't allow application, but permit accused to move another (application) after summer vacation in case appeal is not fixed till then Held, High Court gave cogent reasons for dismissing accused's application and provided accused another opportunity for moving High Court again in case appeal was not fixed for hearing within time specified‑Petition for leave to appeal dismissed.
Taj Muhammad Khan Langah, Advocate Supreme Court with Rana Maqbool Ahmad Kadri, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing: 2nd November, 1983.
Abdul Ghafoor petitioner was convicted under section 302/34, P. P. C. and sentenced to imprisonment for life and a fine of Rs. 3,000. He filed an appeal before the High Court against his conviction which was admitted to a regular hearing. Alongwith it he also applied for suspension of his sentence, under section 426, Cr. P. C. which was dismissed vide the impugned order, dated 30‑4‑1983.
2. Hence the present petition.
3. We notice that while dismissing petitioner's application for suspension of sentence the learned Bench of the High Court has observed that:‑
we do not allow the application, but permit the petitioner to move another (application) after summer vacation in case the appeal is not fixed till then."
4. We feel that the High Court has given cogent reasons for dismissing petitioner's bail application. It has also provided him with another opportuni ty for moving the High Court again in case his appeal is not fixed for hearing (before the High Court) within the time specified by it. We feel that the petitioner should avail of opportunity given to him by the learned Division Bench of the High Court.
With this observation the present petition is dismissed.
M.Z. M. Petition dismissed.
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