جسکے تحت 14سال سے کم سزا کو ہائیکورٹ رولز کے مطابق شارٹ سزا ہوتی ہے۔اس طرح 7سال تک کی سزا پہلے پیشی پر معطل ہو جاتی ہے ۔سزائیں معطل ہونے کے متعلق سپریم کورٹ اور ہائی کورٹ ہائے کے محتلف ججمنٹ ذرنظر کریں
SUSPENSION - 426 CrPC
5 yrs is a short sentence.
1999 SCMR P.2589
2000 SCMR P.1572
>.2014YLR P.1898
>.2017 YLR 88
>. 2017 YLR 323
>. 2017 YLR 341.
>. 1999 SCMR 2589.
>. 2005 MLD 1934.
>. 2005 PCrLJ 697
>. 2011 PCrLJ 697
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Suspension of sentence (426 CrPC ) Hurt
1. Less than three years;
2. More than three but less than seven;
3. More than seven upto life.
> 2010 YLR 1178,
> 2010 YLR 1396
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302 PPC - ( 426 CrPC)
S. 426---Penal Code (XLV of 1860), Ss. 302 & 149---Qatl-i-amd, unlawful assembly---Suspension of sentence and grant of bail---Accused and co-accused charged similarly and attributed the same role in the crime---Conviction and sentence of the accused was awarded by relying on evidence, on the basis of which the co-accused persons, attributed similar role, had been acquitted---Accused was convicted alone because the injury assigned to him was found to be one of the fatal injuries in the autopsy report, ignoring the fact that for said injury three persons had been charged including the accused---Evidence furnished by the prosecution, in the present case, with respect to accused and co-accused persons appeared to be indivisible and in absence of additional corroboration, accused was entitled to the concession of bail---Sentence of accused was suspended in such circumstances and he was granted bail.
> 2016 SCMR 1325
( SOBA KHAN CASE )
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426 SUSPENSION — SURRENDER MEANS
S. 42,Suspension of sentence---Principles---surrender before police not a condition precedent under S.426, Cr.P.C.---Appearance before court amounting to surrender ---Scope---Accused filed petition for suspension of sentence before the High Court but same was not considered and dismissed on the ground that accused remained an absconder for one month after the pronouncement of the judgment against him---Contentions of the accused were that the High Court could not have summarily dismissed his petition for suspension of sentence having entertained the appeal against his conviction; that S.426, Cr.P.C., had two parts; one pertained to a situation when appeal was filed along with a petition for suspension for sentence and the accused might not be in confinement, whereas the second part of the said section was relatable to circumstances when accused had been arrested and was in lockup and filed a petition for suspension of sentence and release, and that the court seized of the appeal could suspend the sentence in both the eventualities---Validity---Section 426, Cr.P.C., had two parts, one part was relatable to a situation when a petition for suspension was filed along with the appeal and the convict had not surrender ed before the police but appeared before the court, in such a situation the court may "order that the execution of the sentence or order appealed against be suspended"---Second part of S.426, Cr.P.C., was relatable to a situation when the convict had already been arrested and for such an eventuality S.426, Cr.P.C., stipulated that "and, also if he is in confinement, that he be released on bail or on his own bond"--- Contention that appearance before the court in a petition under S.426, Cr.P.C., was not equivalent to surrender was not tenable---In the present case, accused had appeared before the High Court which amounted to surrender and the court could not have dismissed the petition merely because the convict had not surrender ed before the police---High Court could have allowed the petition or could have dismissed the same on merits, but could not have refused to even consider the petition---Impugned order of the High Court was set aside, petition of accused for suspension of sentence would be deemed to be pending before the High Court, which would decide the same within two weeks of the accused's appearance before it.
>. 2012 SCMR 997
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Convict/accused should be surrendered for imprisonment before filing of appeal and suspension.
>. 2015 SCMR 1570
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