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MUSSADDIQ HUSSAIN SHAH versus STATE

Article 185 (3) Criminal Code of Conduct (V9 1898), Section 426 Penal Code (XLV of 1860), 302/34 Sentence 302/34 The request for suspension is dismissed by the High Court for reasons not stated. The High Court is not required to state any reason in such matters which may be equivalent to expressing its views on the merits of the case, which would result in the trial of any party to the trial of the case by the High Court. Deleted with observation. ad Hussain Shah and Sabir Hussain were sentenced to death whereas their sons were sentenced to imprisonment for life.

They filed an appeal before the High Court which is still pending. They also made an application under section 426, Cr.P.C. for suspension of their sentences which was dismissed by the High Court vide the impugned order.

The petitioners seek leave to appeal against the aforementioned interlocutory order.

2. We have heard the petitioners counsel. The only grievance is that the High Court has not given elaborate reasons and has dismissed their application with the observation that the points urged by the learned counsel for the petitioners, in fact, amounts to request for "going into the merits and scrutinizing the evidence."

3. We have considered the contention raised by the learned counsel and find no force in it. The High Court is not required in such cases to give any reason which may amount. to expressing its view on merits of the case, resulting in prejudicing the case of one or the other party. The petition is, therefore, dismissed. Before parting with the case it may be observed that we consider it a fit case which may be heard by the High Court at a very early date.

M. I. Petition dismissed.