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SAFDAR SHAH vs State S — 2022 YLRN 135 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 135 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
SAFDAR SHAH vs State S
Subject matter
Criminal
Provisions referred to
S. 426---P; S. 302---; S. 302; S. 426; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAFDAR SHAH VS State S.426---Penal Code (XLV of 1860), S. 302--- Qatl-i-amd--- Suspension of sentence pending appeal--- Scope---Accused, who was convicted by the Trial Court under S.302(b), P.P.C. and sentenced to imprisonment for life, sought suspension of his sentence pending appeal ---Hearing of the appeal could take some time---Evidence of prosecution witnesses and observations of Trial Court were still to be re-appreciated and re-evaluated---Apparent defects in the impugned judgment could not be ignored as pointed out by the counsel for appellant, which went to the root of the case---Deeper appreciation was to be avoided while hearing application under S.426, Cr.P.C.---Appellate Court's discretion to grant bail under S.426, Cr.P.C., was not fettered or restricted by reference either to the conviction or to the sentence passed against the accused by the Trial Court but like all discretions vested in the Courts had to be exercised judicially---High Court suspended the sentence awarded to the accused during pendency of appeal.

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